The FCC is out of control

The FCC a regulatory organization that is out of control written by FCC COMMISSIONER ROBERT M. McDOWELL one of it’s own. Preserving the Open Internet, et al., Report and Order (Dec. 21, 2010) the
FCC is not only defying a court, but it is circumventing the will of a large, bipartisan majority of Congress as well.

is the FCC  a regulatory organization that is “out of control” and can operate “above the law”? a MUST READ by one of their own.
excerpted from the STATEMENT of FCC COMMISSIONER ROBERT M. McDOWELL
Before the SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY
COMMITTEE ON ENERGY & COMMERCE
UNITED STATES HOUSE OF REPRESENTATIVES
February 16, 2011
RE: Preserving the Open Internet, et al., Report and Order (Dec. 21, 2010)
… In 2008, the FCC tried to reach beyond its legal authority to
regulate the Internet, and it was slapped back by an appellate court
only eight short months ago. Today, the Commission is choosing to
ignore the recent past as it attempts the same act. In so doing, the
FCC is not only defying a court, but it is circumventing the will of a
large, bipartisan majority of Congress as well. More than 300 Members
have warned the agency against exceeding its legal authority. The FCC
is not Congress. We cannot make laws. Legislating is the sole domain
of the directly elected representatives of the American people. Yet
the majority is determined to ignore the growing chorus of voices
emanating from Capitol Hill in what appears to some as an obsessive
quest to regulate at all costs. Some are saying that, instead of
acting as a “cop on the beat,” the FCC looks more like a regulatory
vigilante. Moreover, the agency is further angering Congress by
ignoring increasing calls for a cessation of its actions and choosing,
instead, to move ahead just as Members leave town. As a result, the
FCC has provocatively charted a collision course with the legislative
branch.
Furthermore, on the night of Friday, December 10, just two business
days before the public would be prohibited by law from communicating
further with us about this proceeding, the Commission dumped nearly
2,000 pages of documents into the record. As if that weren’t enough,
the FCC unloaded an additional 1,000 pages into the record less than
24 hours before the end of the public comment period. All of these
extreme measures, defying the D.C. Circuit, Congress, and undermining
the public comment process, have been deployed to deliver on a
misguided campaign promise.
Not only is today the winter solstice, the darkest day of the year,
but it marks one of the darkest days in recent FCC history. I am
disappointed in these “ends-justify-the-means” tactics and the doubts
they have created about this agency. The FCC is capable of better.
Today is not its finest hour.
Using these new rules as a weapon, politically favored companies will
be able to pressure three political appointees to regulate their
rivals to gain competitive advantages. Litigation will supplant
innovation. Instead of investing in tomorrow’s technologies, precious
capital will be diverted to pay lawyers’ fees. The era of Internet
regulatory arbitrage has dawned. …

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