The FCC regulations were meant to provide protections that were previously enforced by the FTC. This vote keeps ISP regulations different from what they were in the past.
The FCC is able to regulate broadcast content because the courts found it constitutional due to the pervasive nature. Reclassification of ISPs does not affect the pervasiveness.
Worth reading this: https://www.eff.org/deeplinks/2017/03/three-myths-telecom-in... -- essentially, there was a court decision that moved privacy enforcement of ISPs from the FTC to the FCC. The FCC took up the mantle with the new rule. Now Congress is undoing the FCC regulation, ISP privacy won't be governed by either the FCC or the FTC.
The FTC was preventing them, until it was decided that it was outside their purview. The FCC took over, but that's just been reversed. Now no one is preventing it.
By that logic, they never had the right to interfere with broadband. They're the Federal Communications Commission, not the Federal Airwaves Commission.
Good. FCC caught its own tail with Pai getting the taste of his own medicine. They reclassified ISPs under Title I, and lost any ability to impose such kind preemptions in result.
The current situation is a mess. The FCC derives its power to regulate telecommunications from the Congressional power to regulate interstate commerce.
However, the FCC believes it is limited to interstate telecommunications—when it suits them. They refused to defend their own price caps on intrastate prison calls because it was not a matter of interstate commerce. However, despite this, they purport the reclassification of ISPs preempts state law with regards to net neutrality. I find the logic behind this mind-boggling.
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