On the recordJuly 12, 2017
I want to build on the last point my colleague--a great advocate and champion of net neutrality--made about the rule of law and about the need to go to court when there is utter disrespect and contempt for the rule of law, which is reflected in the prospective plan of the Chairman of the FCC to undo that agency's net neutrality rules. It reflects an astonishing lack of respect and care for that agency's rules--in fact, the rules that apply to all agencies under the Administrative Procedure Act. Chairman Pai wants to overturn a rule that was established after a factfinding--an elaborate process of comment and response--without going through that same process that is required under the Administrative Procedure Act, a fact-based docket that requires him to show that something has changed--not a little bit; something significant has changed--in the market since the Open Internet Order was established in February 2015. The burden is on the FCC to make that finding. That finding is impossible, which is why they are avoiding the attempt to do it. The fact is, the Open Internet Order was established based on 10 years of evidence about how internet access service provides people with broadband. It has been upheld by the DC Circuit Court of Appeals twice over the last year. The thicket of law that the Chairman wants to simply leap over--it is not within his discretion to do.…





