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

Obama’s Socialist Hammer Comes Down on the Internet!

Obama’s Socialist Hammer Comes Down on the Internet!
Conservative Bloggers: LOOK OUT!
A Commentary by J. D. Longstreet

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CNSNews.com reports the following: “The Federal Communications Commission (FCC) voted on Thursday to begin the formal process of bringing the Internet under greater federal control – a move sought by both President Barack Obama and FCC Chairman Julius Genachowski--even though federal law calls for an Internet "unfettered by Federal or State regulation." The report goes on to say: “The FCC is now trying to reclassify the Internet to broaden its authority over the Web.”

How is Obama’s FCC planning to get their mailed fist around the throat of the Internet? It is very simple, really. CNSNews informs us in their report how they will do it. The report says: “The 3-2 party-line vote on Thursday at the FCC began the formal process of reclassifying the Internet as a telecommunications service instead of an information service – its current classification. This is necessary because, as an information service, the government has little power to regulate Internet networks. But the report goes on to explain: “As a telecommunications service, such as a telephone network, the Internet would fall under a much broader regulatory scope – giving the government the power to enforce universal service requirements, making them pay into a federal universal service fund used to provide communications services to poor areas.”

Please, we URGE you read this article in its entirety. You will find it at CNSNEW.COM HERE.


If there was ever a case of the “camel’s nose under the tent,” this is most assuredly IT!

Look, I worked in the broadcast industry for nearly 30 years. I can tell, from experience, that, in my day, the broadcast industry was one of the most government-regulated industries in the country, if not THE most regulated.

To the broadcast industry, the Federal Communications industry is G O D! They say: “JUMP!” and the broadcaster says: “How high?” And he does it while jumping!

So, bloggers enjoy your freedom of speech for a few more months. Experience tells me the end is in sight.

The old soviet KGB has nothing on the agents of the FCC. Expect them to monitor the Internet much as they did the AM and FM broadcast bands. If they hear something they don’t like, you WILL get a visit. It could be a costly visit.

We are convinced that Obama’s FCC is a political machine, a club to be wielded against those who speak out against the Socialists, Marxists, Statists, Progressives, Liberals, and/or Democrats controlling the US government today. Unless the Supreme Court stops them they WILL swing that club and conservative sites, conservative bloggers, especially, will be the very first targets.

See, the Obama Regime must gain control of the communications networks in America. The broadcast networks apparently have voluntarily made a gift of their fealty to the socialist agenda of this regime, as have many in the major print media – that which we often refer to as the Mainstream Media.

As we have so often reminded our readers, Obama promised to “fundamentally change” America. He cannot do that as long as the Internet hosts conservative bloggers who insist on pointing out the socialist agenda of the Obama regime. I am convinced this administration would nationalize the broadcast and print media -- and the Internet -- if they thought they could get away with it. Believe me – if we give them that time, they WILL do it!

Think I am paranoid? Let me assure you, there may be times I would agree with that assessment of my scribbling – but NOT THIS TIME! I KNOW what the FCC can do when they decide to bring the hammer down.

CNSNEWS informs us: “The FCC will now begin the mandatory public comment period, where it will solicit input from private companies and citizens about whether it should reclassify the Internet and, if so, how it should do it.”

If you value a free and open Internet then let your voice be heard. Write the FCC and tell them so -- and demand they back off and leave the Internet alone. Write your Congresspersons and Senators and explain your feelings on this matter to them and ask for their support of a free and open Internet.

I have warned for months, yea, years, that this was coming. I have seen no sense of alarm among fellow bloggers. Maybe it was/is there and I have somehow missed it. I sincerely hope that is the case. I fear it is not.

Believe me, t will take a MASSIVE effort to stop this particular power grab by the Obama Regime. Frankly, I don’t expect those of us who value a free and open Internet to be victorious.
But we have to try!

My close friends refer to me as the original Man of La Mancha. I have a penchant for joisting with windmills. I have been “un-horsed” and knocked on my behind so many times I cannot count them. I have learned a valuable lesson from those painful encounters. That is -- you cannot hope to win, if you don’t attack, and continue to take the battle to the enemy, time and time again for as long as you have the strength to press the attack.

There is the famous story, among we descendants of Confederate soldiers, of the Confederate general who sent a dispatch to General Lee in which he declared that he was totally surrounded by the enemy, cut off from any reinforcements, his troops were decimated, out of ammunition, and their rations were gone. The brave general declared that his situation was hopeless. Therefore, he informed General Lee, he would attack at dawn!

THAT is the attitude we must have as we gear up to fight this attack on the First Amendment of the Constitution.

We must take a stand for freedom and we must do it NOW!

J. D. Longstreet

Obama’s Progressive Regime Attacks Local Radio

Obama’s Progressive Regime Attacks Local Radio
A Proposed Tax That Could Kill Local Radio, As We Know It.
A Commentary by J. D. Longstreet

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“For more than 80 years, radio and the recording industry have enjoyed a mutually beneficial relationship: free play for free promotion. And it works. It’s a relationship that has sustained businesses on both sides.

In fact, radio’s free promotion of artists translates to as much as $2.4 billion annually in music sales for record labels and artists. And this doesn’t even include the enormous revenues they receive from concerts and merchandising.

But the labels–like many businesses–are struggling in this economy. They have failed to adapt to the digital age, and find their business model is broken. And now they want to impose a fee called a performance tax on local radio stations to subsidize their losses.

A performance tax would threaten the local radio stations that communities depend on. It would financially hamstring stations, stifle new artists and harm the listening public who rely on free local radio.” … National Association of Broadcasters (You may read the entire story HERE.)

As a retired broadcaster with 30 years of experience in the business, I can tell you a “performance tax” would not just cripple many small market stations it would effectively put them out of business.

Broken down, what is meant by a “Performance Tax” is this: Each time a radio station plays a recording on the air, that station will be required to pay a fee (TAX!) to the recording label. (Some estimates say the amount in dollars would be 2 to 7 billion dollars a year! It should be noted that some estimates have the amount of free promotion for the record labels and recording artists, as a result of the radio stations playing their music, valued at 2.4 billion dollars a year!)

You can see, instantly, that many small market stations would, of necessity, stop playing music, of any kind, on the air. Thousands of stations across America would, almost overnight, become talk radio stations -- that is, if they chose to remain on the air. With the economy as it is, currently, in America, I think it is safe to say that many small market stations would simple “go dark”, go off the air, shut down, and send their licenses back to the FCC in Washington, DC. As it is, thousands of small market stations are holding on by the skin of their teeth. It won’t take much to persuade the owners to simple shut the station down and walk away.

Suppose Congress passes the Performance Tax. Where will all that money go, anyway? Well most of it will go “off-shore,” “overseas,” to a foreign country. It will not remain in America. Why? Well, there are four major record labels in America today. Three out of the four are foreign owned. The National Association of Broadcasters says: “The record labels would like for you to think this is all about compensating the artists, but in truth the record labels would get at least 50 percent of the proceeds from a tax on local radio.” (Read the entire story HERE. )

Here in America, there are some 235 million people who listen to radio every week. A performance tax would reduce, not just the amount of music you hear on you favorite radio station, it would reduce the number of stations. Among the hardest hit stations would be the minority-owned stations. Those station determined to remain on the air would, of a necessity, switch their formats from “music” to “talk.” They’d have to, or perish.

Now think about this: Local radio stations pump thousands of dollars a year, in public service, into their markets, even the small market stations. How do they do this? Simple. The National Association of Broadcasters reports: “Radio stations are major contributors to public service – generating $6 billion in public service annually, providing vital news and community information and free airtime to help local charities. If a tax were imposed, stations’ critical community service efforts could be reduced.”

There are well over 100,000 Americans employed in local radio stations in America. If the stations income is reduced they will be forced to reduce their work force. That means even more Americans out of work.

In the event you had not noticed, local radio is free to the listener. It was designed to be free to the listener. The rich and the poor BOTH receive cal radio at no cost. The broadcaster is required to perform a certain amount of public service to its coverage area and city of license free, as well. Records are kept and reports to the FCC are made, periodically, to ensure the broadcaster is fulfilling his duty to broadcast in the “public Interest.”

Your local broadcaster needs your help. There are currently two bills in congress that would slap, a performance tax on your favorite station -- H.R.848, sponsored by Democratic Congressman John Conyers (MI-14) and S.379, sponsored by Democratic Sen. Patrick Leahy (VT).

There have been resolutions against the Performance Tax introduced in both the Senate and the House in an attempt to assist your local radio station fight back. Both are known as “The Local Radio Freedom Act.” In the Senate, Sens. Blanche Lincoln (AR) and John Barrasso (WY) introduced S. Con. Res. 14, and in the House, Reps. Gene Green (TX-29) and Mike Conaway (TX-11) introduced H. Con. Res. 49.

Your members of Congress need to hear from you! Congress needs to hear you tell them to vote no on a Performance Tax for radio stations and to support the Local Radio Freedom Act.

J. D. Longstreet