Over at Forbes, Larry Downes looks at recent actions from the FCC and calls them a “hat trick of errors on Internet regulations”:
With Congress in recess and Washington largely abandoned last week, the FCC issued three major orders. Comprising some four hundred pages of dense text, the rulings addressed widely different topics: reporting the progress of broadband deployment by private networks, price regulation over middle mile Internet (what the agency calls “special access”), and the proposed sale to Verizon of wireless spectrum currently being warehoused by a consortium of cable companies.
The timing was no coincidence. In its last major overhaul of the agency in 1996, Congress left the FCC with almost no authority over the Internet, whether content, transmission or the devices and software that consumers use to enjoy it. All three of last week’s orders pushed well beyond the FCC’s legal authority. Issuing them in rapid succession was the act of a petulant teenager, loudly defying a parent he knows has already left the room.