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Monday, March 9, 2015

Future Telecommunications: How the FCC assumed authority over the Internet



In 1996, Bill Clinton changed the Telecommunications Act. The bill was rewritten and Reed Hundt—the former chairman of the FCC—had this to say, “The new law assumes that all parts of the communications marketplace can be made competitive. The new law is intended to end the era of big government in communications and begin the era of genuine competition.”

Simply stated, it was never meant to hand the internet over lock, stock, and barrel to the president to do with as he pleases. In fact, the internet is not specified in section (706) which Senator Cornyn says gives the government authority over it.
Sec. 706
(a)
General
---The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including and in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.
(b)The Commission shall, within 30 months after the date of enactment of this Act, and regularly thereafter, initiate a notice to inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telephone communications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commission’s determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment by promoting competition in the telecommunications market.
(d) Definition of Advanced Telecommunications Capability: without regard to any transmission media or technology, as high-speed (remember all internet was dial up at this time), switched, broadband telecommunications (it’s talking about radio) capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.

Basically, the Telecommunications Act governed phone, television, and radio services/utilities. At first glance—knowing that some of the terms are used today for internet—it appears that it is talking about the internet, however, the WWW (World Wide Web) that we know today, did not come into being until 1996-1998 after the bill was written (Arpanet was a much smaller and more expensive net system and not mentioned). Future telecommunications is a very broad term. Wireless communication was governed by the CTIA until recently…so wirless is not even mentioned in the paragraph above, and cell phones used in the 90s were for the most part dependent upon external wired gear.

In very broad terms, your future communications on the phone could be misconstrued as falling under the FCC’s power/governance, and some of it does, even now. Fortunately for Obama, he has the NSA spying on all phone users and has done away with the prerequisite warrant issue—that pesky little bit insuring our privacy in the Constitution as a God-given right. This is rather like the case in congress over Obamacare now; it was meant to do one thing and is being used to give power that was never issued.

Also, it would seem that there would be a need for Obama and his minions to work in-concert with state regulatory commissions, rather than a bill drawn up to suit his highness’ taste and passed by 5 members (3 Democrats and 2 Republicans) of congress. In fact, we have not had representation by our congressmen/women or by our state regulatory commissions in the matter of net neutrality.

Also, one other thing to note while reading the Telecommunications Act is that nowhere does it say that all Americans will receive service for free, but under a price regulation cap. When the government demands that All American’s are to have equal access to the internet, it does mean that some should pay while others are given their service off the backs of subscribers.

Under Obama, laws and acts have been changed without Constitutional process. And so the word comes now that he plans to federalize the police departments, and create climate control laws through EO. Executive Orders are at best, barely legal and Obama is using them to make law. The President of the United States does not have the power to make, alter, or declare a law no longer valid, on his own accord. His power is to suggest and to sign law into existence, or to veto what he feels is inappropriate, such as 40-thousand jobs for American citizens (Keystone Pipeline).

Obama has given—given himself??—powers not allotted a president, because the founding fathers knew too much power corrupts and becomes tyrannical. Obama is a tyrant and now he has used the Telecommunications Act to alter yet another portion of our lives.

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