The order is still not out, but the press has hailed the victory for President Obama on Net Neutrality. It is rare that history works the way people say, and I think the image of foreboding that comes most to mind is President George W. Bush on the USS Abraham Lincoln aircraft carrier with the “Mission Accomplished” sign behind him.
The order, once it is truly out, will be in the hands of the attorneys and will be contested, and I strongly expect the court will be sympathetic to the carriers’ perspective that this was an overreach by the FCC to claim the Internet falls under Title II (and 720).
Congress is inclined to geld the FCC unless it has to do with spectrum licensing, which is one of the few revenue-gain opportunities Congress sees that will help the budget.
So with the order voted on, where does that put the opportunity?...Read More
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