Network neutrality rules have failed to pass Congress and the courts countless times, so what’s the FCC’s rush now? Scott Cleland explores in an op-ed at the Daily Caller:
The reality is that “net neutrality,” Internet “blocking,” “throttling” or “paid prioritization” are terms and concepts not found in archaic communications law.
That is the core reason why the FCC’s attempts to effectively legislate new law and policy absent Congress were overturned by the courts in Comcast v. FCC and in Verizon v. FCC.
Someday, the FCC will need Congress to update its authority for the Internet age. Why shouldn’t the FCC start working cooperatively with Congress now?
The bottom line here is that everything that the FCC is and does ultimately comes from Congress.
The FCC is an agency that is “independent” from the executive branch, but not independent of the legislative branch, its constitutional master, or the courts, its constitutional check and balance.