Where’s the fire? With unclear legal authority, Trump FCC rushes to hand responsibility over internet service to FTC

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[Commentary] The Trump Federal Communications Commission has determined, amazingly but not surprisingly, to rush through its transfer of authority over internet service providers to the Federal Trade Commission (FTC)—even before knowing if that agency possesses the authority to handle such matters.

The abrogation of authority by the expert agency responsible for the nation’s networks is shameful as it stands, but the fact that it relies on the non-existent (or at least undecided) authority of the FTC is an abomination. For those who love irony, the fact that AT&T asserted the FTC had no jurisdiction over them before the election of Donald Trump is particularly rich. Hoisted on their own petard, AT&T—the champion of pushing the FCC to disavow responsibility for internet activities—is now realizing that their short-term legal strategy against the FTC in one case could defeat their long-term strategy to make their own rules for the internet. Where’s the fire? Why the rush to judgment on incomplete facts? The FCC should at least wait and see whether the legal theory on which they base the repeal of the Open Internet Order is true.

[Tom Wheeler is the former Chairman of the Federal Communications Commission]


Where’s the fire? With unclear legal authority, Trump FCC rushes to hand responsibility over internet service to FTC