Thursday, December 23, 2010

Will GOP Led House Overturn FCC’s Power Grab Of The Internet?

Will GOP Led House Overturn FCC’s Power Grab Of The Internet?
A Commentary by J. D. Longstreet

This week the Federal Communications Commission took the first step in taking control of the Internet by the US Government. Their “Net Neutrality” regulation tromps all over the U. S. Constitution and is a slap in the face of the US Courts, which, earlier this year, in very clear terms, told the FCC that they (the FCC) do not have the authority to regulate the Internet.

The fact that it is NOT LEGAL would stop most agencies from boldly forging ahead with plans to grab as much power as is possible for an already near omnipotent government that is out of control and bordering on tyranny.

For nearly 30 years of my adult life I toiled in the broadcast industry. Every day of those years I was conscious of the Federal Communications Commission staring over my shoulder constantly. I knew that the continued existence of my job, and the business for which I worked, depended upon the whim of the commissioners, or as we would, from time to time refer to them -- the “Commissars” of the FCC. As far as a broadcaster’s job was concerned and the license of the broadcaster and the broadcast station was concerned – THE FCC WAS GOD! An infraction of their rules could and, more often than not, could/would mean a gut-wrenching fine and the revocation of a broadcast station’s license.

Lifting the license of a station means that station would go dark, off the air, out of business. Your professional life was in the hands of an all-powerful federal agency that had the power to regulate with those regulations having the force of law.

Regulations “with the force of law” are just the same as any other law. But there is a HUGE difference that has concerned me for many years. Those regulations were not passed out of Congress and did not require the President’s signature to become law. In effect, an agency that has the power to regulate, such as the FCC and a number of other regulatory agencies within the US government, are little “kingdoms” with their “serfs,” the citizens who have to try to stay within the terms of those laws in order not to be fined, or lose their jobs or licenses.

It concerns me greatly that those agencies even exist. There is no place in a constitutional republic for agencies that can simply make-up laws and enforce them with impunity and with the blessing of Congress.

The Commissars … ‘er ... Commissioners … of the FCC are a government within THE GOVERNMENT. They are a group of un-elected individuals acting as a mini-government. There is something inherently wrong about that. But that is what we have with the FCC and a large number of other government agencies.

In our opinion those agencies, among them the FCC, should be stripped of their power to issue regulations with the force of law. If they feel there is a need for a regulation, then they should make their case before Congress and ask Congress to consider making such a law.

As it is today, the FCC appears to be drunk on power. The commission is controlled by the Democratic Party, which, itself, was inebriated on power right up to November 2nd, 2010 when the people of the US said: “ENOUGH!” But, the FCC, apparently, did not get the message. Or, if they did, they have chosen to ignore it. My money is on the latter.

There is a better than even chance the courts will overturn the “Net Neutrality” regulation passed this week by the FCC. Why ... because it is unconstitutional and outside the mandate of the Federal Communications Commission… period.

Senator Jim DeMint, a Republican of my home state of South Carolina has said he intends to stop the Net neutrality power grab by the FCC. In a statement released by Senator DeMint following the issuance of the Net Neutrality regulation by the FCC this week the Senator said the following:
“The Obama Administration has ignored evidence that this federal takeover will hang a millstone of regulatory and legal uncertainty around the neck of a vibrant sector of our economy.

"Proceeding on its own liberal whims rather than facts, this FCC has chosen to grant itself broad authority to limit how businesses can bring the Internet to consumers in faster and more innovative ways.

“Americans loudly demanded a more limited federal government this November, but the Obama Administration has dedicated itself to expanding centralized government planning. Today, unelected bureaucrats rammed through an Internet takeover, even after Congress and courts warned them not to.

“To keep the Internet economy thriving, this decision must be reversed. Regulatory reform will be a top priority for Republicans in the next Congress, and I intend to prevent the FCC or any government agency from unilaterally burdening our recovering economy with baseless regulation.

"In order to provide the stability businesses need to grow, I will work with my fellow senators to see passage of my FCC Act, which would ensure that the FCC can only use its rulemaking powers where there is clear evidence of a harmful market failure, as well as the REINS Act, which would add the accountability of a Congressional vote before any government agency’s proposed major regulations may be finalized.” (SOURCE)

Senator DeMint is “dead-on.” These agencies need to be cut-off at the knees.

It is clear that as long as the Obama Regime controls the FCC, conservative voices will be seen as a threat. The FCC has made clear its intention to silence those voices, in any way it can, until the elected officials of the people dismantle their agency and relegate it to the dustbin of history.
J. D. Longstreet

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