NetCompetition Chairman Scott Cleland said a net...

in a letter to FCC Chairman Tom Wheeler Friday, provoking immediate outcry from NCTA and USTelecom (WID Oct 6 p3), both of which belong to NetCompetition. The Waxman proposal is “a call for FCC double-regulation of the Internet using both Title I and Title II,” not a compromise, Cleland said in a Sunday blog post (http://bit.ly/1xhwOE7). He said the “fatally-flawed tent-pole assumption” revolves around the idea “that the FCC can somehow deem previously mutually-exclusive services under precedent and the law to now be inclusive” simultaneously. “Congress did not grant the FCC statutory authority to unilaterally combine heretofore mutually-exclusive, congressionally-defined, regulatory classifications, let alone for the purpose of imposing more restrictive regulation than Congress imposed in either Title I or Title II authority, or for the purposes of regulating competitive providers in the 21st century more restrictively than Congress and the FCC regulated the telephone monopoly in the 20th century,” Cleland said. Free State Foundation President Randolph May also criticized the proposal. “The notion of adopting new net neutrality rules is problematic enough if the Commission relies only on Section 706,” he told us. “But were it to cook up some ‘hybrid’ approach a la Waxman, the result would be even worse in light of the dubious assumptions incorporated into Waxman’s recipe. The only good thing about the proposal from my perspective is that, if it were adopted, it would most likely be rejected by the courts. Maybe three strikes would convince the Commission that it’s time to await further direction from Congress."