The FCC Goes for the Nuclear Option

If FCC Chairman Genachowski announces his intention to reclassify the Internet as a telephone system, he will be reversing 30 years of precedent. As I have repeatedly warned and noted on www.ObamaChart.com, when Congress blocks the Obama administration, the White House always finds a way to get around the normal policy-making process and pursue its agenda by other means. Today’s reclassification assault on the Internet is the latest—and perhaps the most egregious—example. In its effort to imposing crippling net neutrality regulations on the Internet—an idea with very little support from the American public or Congress—the Obama administration first turned to the FCC simply to pretend Congress has given it authority to regulate. That effort suffered a major setback when the D.C. Circuit Court of Appeals emphatically smacked down the FCC’s regulatory proposals in Comcast v. FCC. President Obama and his close friend and FCC chairman Julius Genachowski, however, refuse to back down. Instead they’re escalating to the regulatory equivalent of a nuclear attack on the free-market Internet: Chairman Genachowski will announce today his intention to reclassify broadband Internet as an old-fashioned telephone system as a pretext for pervasive regulatory control.

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