Brand X and Information Cooties

With pre-election talk of new telecom laws and in the aftermath of the Comcast decision, I was hoping to not revisit the spooky crypt containing moldy Supreme Court decisions and worm-eaten FCC regulatory rulings for a few months. But I was dragged back into this basement last week, when I received an email about a new study commissioned by “Broadband For America.”

BfA is “dedicated to making broadband available to all Americans” and counts former FCC commissioner Michael Powell as an honorary co-chairman. There’s not much else about the organization on their web site, besides a list of, ahem, grass-roots organizations that make up its membership. You can read more about BfA in the reference section.

Written by University of Pennsylvania law professor, Christopher Yoo, “Reclassifying Broadband as a Title II Telecommunications Service” takes the view that because the FCC’s third-way approach is in contradiction of statutes, rulings, Supreme Court decisions, and plain common sense that it can not possibly pass legal muster..Continue reading