In the preceding post ‘Fairness Doctrine Redux IV’, I mentioned that Democrats would seek to assert control over the Internet and Internet radio specifically. Democrat staffers on the House Energy and Commerce Committee are working with the FCC and discussing openly the legal mechanism by which the FCC would assert control:
“This isn’t just about Limbaugh or a local radio host most of us haven’t heard about,” says Democrat committee member. “The FCC and state and local governments also have oversight over the Internet lines and the cable and telecom companies that operate them. We want to get alternative views on radio and TV, but we also want to makes sure those alternative views are read, heard and seen online, which is becoming increasingly video and audio driven. Thanks to the stimulus package, we’ve established that broadband networks — the Internet — are critical, national infrastructure. We think that gives us an opening to look at what runs over that critical infrastructure.“
Let’s speculate about how this would work.
The porky pig bill – both Senate and House versions – are searchable at ReadtheStimulus.org.
If we use the search terms, ‘Federal Communications Commission’ we find on page 626 of the House Version a note that broadband infrastructure constructed with federal grants will adhere to FCC broadband policy statement FCC 05-151. Policy FCC 05-151 provides a general policy that asserts FCC control over the Internet and broadband and generally supports the notion of Network Neutrality.
A further search of the bill using the search term ‘FCC 05-151′ provides even more insight. Page 626 of the House version is the only page in either bill that mentions the policy. Small wonder that Democrat House staffers have the heads up on this.
And under the House version, all grants for broadband build-out will be handled through the National Telecommunications and Information Administration, which will create a ‘broadband map’ of the U.S. NTIA functions as the direct advisor to the president on telecommunications matters and is, incidentally, the agency responsible for the ongoing digital converter box fiasco.
In its role as presidential advisor, NTIA makes policy. From its website:
NTIA’s Office of Policy Analysis and Development (OPAD) supports NTIA’s role as principal adviser to the President, Vice President, and Secretary of Commerce on telecommunications and information policies.
OPAD’s goal is to enhance the public interest by generating, articulating, and advocating creative and influential policies and programs in the telecommunications and information sectors that promote innovation, competition, consumer welfare, and economic and social opportunities for all, and that remove impediments to the growth and vitality of these sectors.
OPAD analyzes a wide range of issues affecting telecommunications and information. OPAD makes policy recommendations in such areas as media (e.g., radio, television, cable); wireless services and radio spectrum management; wireline competition; the Internet; domain names, and electronic commerce; new advanced broadband networks; and public interest issues related to telecommunications and information services.
And these are the people who’ll be handling the broadband buildout – and they report directly to the president. Are we gaining some idea of the route the regulators will follow?
The NTIA will be subject to FCC 05-151 in handling infrastructure projects. FCC 05-151 is a policy, not a regulation. This means that the bureaucrats will have plenty of room to maneuver to impose whatever de facto regulations they wish.
And it’s all ‘critical infrastructure’.
And who knows what the FCC will do?
