FCC Respect for Process: What’s wrong with this picture?

July 8, 2010

For an FCC that so assiduously respected the integrity of process to produce a consensus National Broadband Plan just a few short months ago, how could this same FCC come to abuse the integrity of process in its pursuit of Title II net neutrality authority, just a few months later?

  • What’s wrong with this picture?

How could the same FCC go from the predictable, open, consensus-driven process of developing the National Broadband Plan to the most unpredictable, closed, and non-consensus approach of the Title II net neutrality NOI?

How can an FCC, which supposedly heard loud and clear from Congress about the importance of the integrity of process in confirmation hearings held just last year, completely ignore letters to the FCC from a majority of Congress imploring the FCC to respect the Constitutional process that empowers the Congress, not the FCC, with the authority to set communications policy for the Nation?

Does not all integrity of process come entirely from respecting the Constitutional processes of separation of powers, due process, rule of law, equal protection, etc.?

How can the FCC maintain that they respect the integrity of process with the small “p” of the Adminstrative Procedures Act, when they disrespect the integrity of process with the large “P” of the U.S. Constitution and the Bill of Rights?

What’s wrong with this picture?

  • This FCC’s apparent disregard for the integrity of Constitutionally mandated process. 

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