By Douglas V. Gibbs
Where in the U.S. Constitution does the federal government have the authority to regulate information industries?
Where in the U.S. Constitution does the federal government through agencies have the authority to regulate private companies as is attempting the FCC?
Regulations are laws, and all legislative powers are granted to the legislative branch, not to agencies that are technically a part of the executive branch.
To obtain such an authority, an amendment must be proposed, and ratified by 3/4 of the States.
As a result of the unconstitutional regulations by the FCC that is being called "Net Neutrality", Verizon is suing the FCC. This makes Verizon the first company to try to stop the agency from interfering with a private industry.
Verizon filed an appeal in the U.S. Court of Appeals for the D.C. Circuit, which has previously ruled that the FCC does not have the authority to adopt such sweeping regulations.
The FCC, as per Article I, Section 1 (All Legislative Powers are granted to Congress, therefore "all" regulations by federal agencies are unconstitutional), is not authorized to force regulations upon any industry, nor compromise free speech through something as insidious as Net Neutrality.
The lawsuit sets up a challenge that will be heard in the same court that last year struck down the FCC’s earlier attempt at enforcing net neutrality rules. The FCC, however, initiated Net Neutrality anyway, despite a lack of constitutional authority, or the opinion of the courts. As per the courts, and the Constitution, the FCC does not have jurisdiction over broadband services and therefore can not order Internet companies to stop interfering with traffic to file-sharing sites.
Regulation is best applied by the consumer, and competition within the industry.
Verizon is specifically challenging a technical part of the order relating to the modification of wireless licenses. Doing so requires the case to be heard in the D.C. Court of Appeals, which some say is the best shot at successfully reversing the FCC’s action.
-- Political Pistachio Conservative News and Commentary
Verizon sues FCC over net neutrality - Politico
1 comment:
I have just read that Verizon filed an appeal in the U.S. Court of Appeals for the D.C. Circuit, which has previously ruled that the FCC does not have the authority to adopt such sweeping regulations.
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