FCC State the Administrative Agency Which Controls

FCC

State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how?

The Federal Communications Commission (FCC) regulates interstate and international communications by radio, television, wire, satellite and cable (FCC, 2011). Its job is to basically make sure that the organizations in these industries are severing the public with their activities. The air waves are radio frequency are really kind of a public good since no one can or should be able to own them. Therefore, in regards to radio frequencies, the FCC will distribute the frequencies or channels so that the quality can be maintained and there can be an equal manner in which these resources are divided. The proposed legislation deals with how societies and companies will access the internet in future and therefore is of significant importance to just about everyone with a computer or a cell phone.

2. Describe the proposal/change.

The proposed regulation deals with both broadband internet access as well as mobile broadband access. Companies such as Google and Verizon are demanding the ability to allocate bandwidth for some preferential treatment of various online services. This would give various websites the ability to pay service providers for providing consumers faster access. Smaller operations would not have the funding to compete with bigger players and as a result could not be as competitive. Although the initial legislation has already been passed, there are various free speech activists groups challenging the constitutionality of the legislation. Also, the FCC has been vague about role in the future of mobile broadband where it has allowed service providers more leeway while ensuring broadband stays completely neutral.

3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment.

Since mobile broadband represents the future of internet connectivity, how can allowing companies to provide preferential treatment via this channel realistically uphold the values incorporated in net neutrality? The future of internet access will not be net natural and thus this will reduce competition and come at great costs to society.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).

The FCC doesn't really operate by the same set of rules as other regulatory bodies. The five member group passed the regulation on December 21, 2010 and the public didn't get to see the details until much later (Reed, 2010)

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)

Any person who submits comments on the rules during their proposal stage can challenge the validity of the rules in court. They may do so on the grounds that the rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law.

b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.

1. That the rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law.