Research: Federalist Implications of Open Internet
Federalist Implications of the FCC’s Open Internet Order
Phoenix Center
Lawrence J. Spiwak
February 8, 2011
Spiwak contemplates the notion of States Rights as applied to the Open Internet order in his latest Perspectives piece for the Phoenix Center.
According to Spiwak, Section 706 of the Telecom Act was not only the impetus for the regulatory maneuvering of the Open Internet order, but he also says that this section applies equally to the states. Based on this notion that states have an equal responsibility in carrying out Section 706, which states that, “the Commission …shall encourage the deployment of advanced telecommunications capability to all Americans,” and may use “regulatory methods that remove barriers to infrastructure,” Spiwak believes there are two items with which the FCC failed to consider.
- States may decide that the regulatory efforts of the FCC actually have a negative impact on telecom investment in their state and may choose to join an appeal of the Open Internet Order.
- States may feel that they now have a right to regulate and have jurisdiction over Title I Information Services.
You can find the full paper here.
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