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Verizon Challenges FCC's Net Neutrality Push

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Top message:  You just don't get it by crood   Jan 21, 2011, 9:54 AM

Replying to:  Re: You just don't get it by trenen   Jan 21, 2011, 12:43 PM

Re: You just don't get it

by mycool    Jan 21, 2011, 1:00 PM

trenen said:
'regulating' is not the same as making up its own laws. It was designed to regulate laws approved by Congress.


Close, but no. Look here: http://usgovinfo.about.com/od/uscongress/a/fe dregulations.htm


The Federal Rulemaking Process
The process of creating and enacting federal regulations is generally referred to as the “rulemaking” process.

First, Congress passes a law designed to address a social or economic need or problem. The appropriate regulatory agency then creates regulations necessary to implement the law. For example, the Food and Drug Administration creates its regulations under the authority of the Food Drug and Cosmetics Act, the Controlled Substances Act and several other acts created by Congress over the years. Acts such as these are known as "enabling legislation," because they [sic] literally enable the regulatory agencies to create the regulations required to administer enforce them.


The key to this is that the FCC does have the power to create regulations. They just have to find some legislative law to base it on. I'm not exactly sure which law they are basing it on, but I'm sure it's something that can be interpreted in their favor to enforce this regulation. What it comes down to is did they base it off of a correct law?

Mind you, the legislative law passed by Congress does not have to be directed at one particular subset. Here's an example with made-up names, though there is probably some real use of this already.

If Congress passed a "Fair Pricing Act", then a government regulatory agency could create a regulation that says gas prices can not be more than $5.00/gallon. The "Fair Pricing Act" would not mention anything specific such as gas prices, but the regulation would create a rule detailing just so.

So, we know the rule is "Net Neutrality", what is the law that it is based upon? I'm assuming you're saying that the lawyers that work at the FCC can't actually point to any piece of legislation to base this rule on? Hence, you're arguing it's so unconstitutional. I'm not saying that whatever they picked is correct, but I'm sure they picked something that can be argued in their favor. Smile

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