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orangecrush

(19,581 posts)
Sun Feb 3, 2019, 10:52 AM Feb 2019

FCC struggles to convince judge that broadband isn't "telecommunications"

A Federal Communications Commission lawyer faced a skeptical panel of judges today as the FCC defended its repeal of net neutrality rules and deregulation of the broadband industry.


FCC General Counsel Thomas Johnson struggled to explain why broadband shouldn't be considered a telecommunications service, and struggled to explain the FCC's failure to protect public safety agencies from Internet providers blocking or slowing down content.

Oral arguments were held today in the case, which is being decided by a three-judge panel of the US Court of Appeals for the District of Columbia Circuit. (Audio of the four-hour-plus oral arguments is available here.) Throttling of firefighters' data plans played a major role in today's oral arguments.

Of the three judges, Circuit Judge Patricia Millett expressed the most skepticism of Johnson's arguments, repeatedly challenging the FCC's definition of broadband and its disregard for arguments made by public safety agencies. She also questioned the FCC's claim that the net neutrality rules harmed broadband investment. Circuit Judge Robert Wilkins also expressed some skepticism of FCC arguments, while Senior Circuit Judge Stephen Williams seemed more amenable to FCC arguments. (Williams previously dissented in part from a 2016 ruling that upheld the Obama-era net neutrality rules. Now the same court is considering FCC Chairman Ajit Pai's repeal of those rules.)

The lawsuit seeking to overturn the net neutrality repeal was filed by more than three dozen entities, including state attorneys general, consumer advocacy groups, and tech companies such as Mozilla and Vimeo.

https://arstechnica.com/tech-policy/2019/02/throttling-of-firefighters-hurts-fcc-case-as-it-defends-net-neutrality-repeal/

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FCC struggles to convince judge that broadband isn't "telecommunications" (Original Post) orangecrush Feb 2019 OP
I would like answers on why and how more than half Autumn Feb 2019 #1
Here's some info for you blogslut Feb 2019 #3
That second link? Wow. Move a pile of maggots and there's Roger Stone. Autumn Feb 2019 #5
Good stuff. Thanks for posting these, blogslut! calimary Feb 2019 #25
Yeah, I and other members of my family commented during the PatrickforO Feb 2019 #17
Judges are unqualified... RichardRay Feb 2019 #2
Are you arguing that internet/broadband should not be classified as telecommunications? blogslut Feb 2019 #4
Am I? What does it sound like to you? RichardRay Feb 2019 #7
Where in the article does it say the arguments were "dumbed down" for the judges? blogslut Feb 2019 #9
The entire tone of the discussion is dumbed down. RichardRay Feb 2019 #24
Generally, experts are called in to prep the attorneys who are preparing to go before the FCC... SWBTATTReg Feb 2019 #6
That's what I'd like to avoid. RichardRay Feb 2019 #8
That would of course be the goal of every informed person, but sometimes I think other ... SWBTATTReg Feb 2019 #10
This is how all court cases work when things get complicated. eggplant Feb 2019 #23
That's why the regulatory agencies were developed, elleng Feb 2019 #15
The lawsuits don't question whether it's technically a good idea JohnnyRingo Feb 2019 #18
In other countries, courts hire their own technical experts to advise them marylandblue Feb 2019 #26
The issues presented do not simply relate to technical matters. onenote Feb 2019 #28
There is no way this can win... PeeJ52 Feb 2019 #11
It might win. Towlie Feb 2019 #13
Telecommunications has a specific statutory definition. onenote Feb 2019 #29
MSM, most owned by corporations that will profit off the death of net neutrality, have not yaesu Feb 2019 #12
Puzzled Bob_in_VA Feb 2019 #14
exactly this seems very simple to me scarytomcat Feb 2019 #16
Read the linked article for the foundation for that argument. (n/t) thesquanderer Feb 2019 #19
Because the telephone companies over the years have different definitions for what ... SWBTATTReg Feb 2019 #27
See post #29 onenote Feb 2019 #30
A 5 minute search on Google would turn up the information the judges need, BobTheSubgenius Feb 2019 #20
This is campaign donation money talking. jalan48 Feb 2019 #21
They're basing the argument on DNS services and caching... thesquanderer Feb 2019 #22

Autumn

(45,114 posts)
1. I would like answers on why and how more than half
Sun Feb 3, 2019, 11:07 AM
Feb 2019

of the 21.7 million public comments supporting the rule change were likely faked. I commented and there were 3 other comments with all my information that were the exact opposite of my position, using the exact same comment on all 3 of those faked comments. That didn't just happen out of the blue and it wasn't just online trolls.

PatrickforO

(14,582 posts)
17. Yeah, I and other members of my family commented during the
Sun Feb 3, 2019, 01:11 PM
Feb 2019

'open comment' period prior to the criminal Pai's ruling, and my comments certainly were in favor of keeping net neutrality.

RichardRay

(2,611 posts)
2. Judges are unqualified...
Sun Feb 3, 2019, 11:08 AM
Feb 2019

... to decide many questions requiring more than a modestly sophisticated layman’s understanding of technical issues. Senators and Representatives, too. There should be a ‘qualification’ or ‘certification’ available, and people making decisions on technology issues required to have such a imprimatur in order to rule on cases within that purview.

(It would be nice to use similar qualification to filter message boards and discussion forums 🤔.)

RichardRay

(2,611 posts)
7. Am I? What does it sound like to you?
Sun Feb 3, 2019, 11:31 AM
Feb 2019

I said that judges making decisions on technical matters beyond the scope of lay acquaintance with the technology should be qualified to comprehend the arguments. Having arguments ‘dumbed down’ for decision makers is pretty silly.

blogslut

(38,004 posts)
9. Where in the article does it say the arguments were "dumbed down" for the judges?
Sun Feb 3, 2019, 11:37 AM
Feb 2019

Internet/Broadband is a public utility. Period. The public deserves to have access to it without the price-gouging and tier-based tolls of providers.

RichardRay

(2,611 posts)
24. The entire tone of the discussion is dumbed down.
Sun Feb 3, 2019, 01:54 PM
Feb 2019

If it weren’t, the silliness of arguing about bandwidth would be obvious.

Yes. Internet bandwidth is a public good and should be regulated as such.

SWBTATTReg

(22,144 posts)
6. Generally, experts are called in to prep the attorneys who are preparing to go before the FCC...
Sun Feb 3, 2019, 11:24 AM
Feb 2019

and testify. Lots of materials used are prepared by SMEs within the telephone companies too, in advance of the testify dates, so attorneys and their staffs are usually pretty well prep'ed or have detailed position papers on the topics to be discussed.

I hope senators and legislators are prepared in a similar manner (I don't know about them), but I did help prep our (at my former place of work, a major telecommunications company) in-house teams going before the FCC in some matters. The FCC and staff, I'm not sure about, on how they prep'ed, you would think that they would have the technical qualifications to judge on matters related to telecommunications but I doubt it, being a political appointed office (perhaps their staff have the qualifications).

This is one of the sad things about regulation via the FCC, or each states' regulatory commissions, in that every time a rate increase is needed or a new service or etc., is developed, a trip to the public utility commission and/or FCC was mandated. Some deregulation allowed certain factors in a company's mix of business (fall below a certain percentage, land lines within a market) allows it to finally escape regulation.



RichardRay

(2,611 posts)
8. That's what I'd like to avoid.
Sun Feb 3, 2019, 11:33 AM
Feb 2019

SME’s are often required to ‘spin’ information as they dumb it down. Let the decision makers gain native proficiency in understanding the basics of a field before they re required to make crucial decisions involving regulation.

SWBTATTReg

(22,144 posts)
10. That would of course be the goal of every informed person, but sometimes I think other ...
Sun Feb 3, 2019, 11:37 AM
Feb 2019

nefarious goals are in mind instead of the common sense ones (be smart on making decisions like you say). Take care.

eggplant

(3,911 posts)
23. This is how all court cases work when things get complicated.
Sun Feb 3, 2019, 01:47 PM
Feb 2019

In medical cases, each side has their "experts" to testify. Civil engineering failures. All sorts of liability cases. The list goes on.

SMEs are never neutral. They testify on behalf of one side or the other. This is the nature of jurisprudence.

elleng

(131,006 posts)
15. That's why the regulatory agencies were developed,
Sun Feb 3, 2019, 12:49 PM
Feb 2019

to address your concerns, but their decisions are then reviewed by courts.

JohnnyRingo

(18,636 posts)
18. The lawsuits don't question whether it's technically a good idea
Sun Feb 3, 2019, 01:17 PM
Feb 2019

The suits call into question the legality of such a move. Technology has nothing to do with it at this point. The moral argument of handing the internet over to profiteers is not a legal issue and has no venue other than the ballot box.

Fortunately, the panel seems to be leaning two to one for dismissing the repeal of net neutrality. Fingers crossed.

marylandblue

(12,344 posts)
26. In other countries, courts hire their own technical experts to advise them
Mon Feb 4, 2019, 12:00 PM
Feb 2019

This way they get neutral advice to help make their decision.

The problem with requiring a judge to have a technical qualification, is that you then have to get someone who is dual certified in both law and a specialized technical field. Such people are very hard to find. So you would end up with cases with nobody qualified to judge them.

onenote

(42,715 posts)
28. The issues presented do not simply relate to technical matters.
Mon Feb 4, 2019, 02:20 PM
Feb 2019

Here is how one of the leading pro-net neutrality groups characterized the issues presented in the brief they filed with the Court of Appeals:

"Whether the Order’s reclassification of broadband Internet access service as an “information service,” and mobile broadband Internet access service as a "private mobile service,” misinterprets or violates the law; and the FCC’s failure to consider the evidence, abandonment of the open Internet rules, and denial of motions to introduce additional evidence, violates the APA or is otherwise contrary to law."

Terms like "telecommunications" and "information services" and "private mobile service" are defined statutory and/or regulatory terms, established by Congress and/or the FCC. Technical experts play a small role in addressing these legal issues.

If you were right, by the way, it would mean that Joe and Jane Q. Public shouldn't have much of a role when Congress and/or agencies make decisions on matters with a technical component.

 

PeeJ52

(1,588 posts)
11. There is no way this can win...
Sun Feb 3, 2019, 12:28 PM
Feb 2019

Internet is used more than phone lines now. Broadband IS telecommunications!!!

onenote

(42,715 posts)
29. Telecommunications has a specific statutory definition.
Mon Feb 4, 2019, 02:24 PM
Feb 2019

Whether it is used more or less than phone service doesn't impact the application/interpretation of that definition.

The relevant terms include telecommunications carrier, telecommunications, and information services, defined in 47 USC as follows:

A “telecommunications carrier” is a “provider of telecommunications services,” which is “an offering of telecommunications for a fee directly to the public. . . .” 47 USC §§ 153(51), (53). “Telecommunications,” in turn, is defined as “the transmission, between or among points specified by the user, of information of the user’s choosing, without change.
in the form or content of the information as sent and received.” Id. § 153(50). Telecommunications services allow users to reach “information services,” defined as an “offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications . . . .” Id. § 153(24).

yaesu

(8,020 posts)
12. MSM, most owned by corporations that will profit off the death of net neutrality, have not
Sun Feb 3, 2019, 12:42 PM
Feb 2019

reported on it at all, not a peep, including MSNBC. They know there is no defending the FCC decision so they forbid even talking about it.

Bob_in_VA

(89 posts)
14. Puzzled
Sun Feb 3, 2019, 12:48 PM
Feb 2019

Could someone explain to me how the Internet is not a telecommunications medium, given that my phone service - provided by my Internet provider - is VOIP? I would be real curious to see the answer.

scarytomcat

(1,706 posts)
16. exactly this seems very simple to me
Sun Feb 3, 2019, 01:00 PM
Feb 2019

the telecoms are trying muddy the water for financial gain. I hope the judges see though it. To bad the FCC isn't standing up for the people like it should. They have sold us out.

SWBTATTReg

(22,144 posts)
27. Because the telephone companies over the years have different definitions for what ...
Mon Feb 4, 2019, 01:58 PM
Feb 2019

constitutes telephony (e.g., analog data etc.) vs. telecommunications...and there literally isn't a difference in the technologies, its just semantics, and thus, different pricing applies, different cost structures applies, different laws (for example, telecommunications services are deregulated, vs. the vast bulk of telephone services, the land lines, etc. are regulated). All it does is freedom from regulations, and different pricing...

onenote

(42,715 posts)
30. See post #29
Mon Feb 4, 2019, 02:27 PM
Feb 2019

I'm not disagreeing with the argument that the definition of the term "telecommunications" should encompass Internet Access, just that the issues are not, thanks to the statutory provisions at issue, as clear as they might otherwise be.

BobTheSubgenius

(11,564 posts)
20. A 5 minute search on Google would turn up the information the judges need,
Sun Feb 3, 2019, 01:26 PM
Feb 2019

They should enter "packet switching" as the search input. If the descriptions and definitions in the first few results don't convince then, I'm sure there is a person with telecom bona fides available to the "repeal" side that can explain it in under a minute.

thesquanderer

(11,990 posts)
22. They're basing the argument on DNS services and caching...
Sun Feb 3, 2019, 01:40 PM
Feb 2019

...i.e. that they don't just facilitate communication, they also provide an information service. But that seems really weak to me. Even a telecommunications service needs a method to route person/device A to person/device B, a DNS function is in effect just a fancy switchboard, not an information service. And caching is not integral to the existence of broadband, nor does the end user's device ever specifically request that info be provided specifically from the cache. If I come up with a way to get you your milk more quickly, that doesn't make me a cow.

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