The World’s Smallest Violin Playing Just for You

The court ruling on the FCC’s repeal of net neutrality was a mixed bag.

On one hand, it approved the appeal, but on the other hand it noted that because the FCC’s repeal was predicated on reclassifying ISPs as an Information service, the FCC lacked the authority to preempt state regulation, which means that the net neutrality regulations passed in California and a dozen other states will go into effect,

So Ajit Pai has a major case of butt-hurt, and I am amused:

Federal Communications Commission Chairman Ajit Pai may have belatedly concluded that federal regulation of broadband would be better for businesses than letting all 50 US states regulate Internet access.

Speaking at the WSJ Tech Live conference yesterday, Pai said that “a uniform, well-established set of regulations” is preferable to states regulating broadband individually. “[Pai] said allowing states and local governments to pass their own laws regulating Internet services, which inherently cross state lines, creates market uncertainty,” according to CNET.


But Pai’s FCC overstepped its authority when it issued that blanket order to preempt any and all current and future state regulation of net neutrality, a panel of judges at the US Court of Appeals for the District of Columbia Circuit ruled this month. The judges’ reasoning was simple: Pai’s FCC lost the power to stop all state laws when it abandoned its own regulatory authority.

“[I]n any area where the Commission lacks the authority to regulate, it equally lacks the power to preempt state law,” the judges’ ruling said.

The only thing that would make this better would be to see Pai frog marched out of the FCC offices in handcuffs.

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