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The company argued that the agency did not have authority to oversee data communications on wireless broadband networks and that it was imposing "common carrier" regulations on companies — essentially, regulating them like public utilities, as it does with home phone service.
"The Notice of Proposed Rulemaking we issue today," Mr. Powell said "demonstrates that the interests of the law enforcement community can be fully addressed for potential information services, and these interests need not be an excuse for imposing onerous common carrier regulations on vibrant new services".
"Yet they seem to have hit that sweet spot". Meanwhile, industry officials are doubling down on their opposition to reclassification, warning of a legal challenge should the FCC attempt to selectively apply common carrier regulations to different portions of the Internet.
Under recently upheld "common carrier" regulations, broadband providers cannot favor certain content over others (through blocking, throttling, or paid prioritization).
While easing some of the existing overly stringent common carrier regulations is desirable, the proposed rules fail to safeguard important goals of an open Internet.
The former employee notes that Snackable does everything it can to stay "on the right side of the law, they follow carrier regulations to a 't,'" but "they are tiptoeing a line between the carrier and the user".
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See p. 25, for discussion of the preliminary steps of motor carrier regulation.
President Obama recently urged the Federal Communications Commission to impose common carrier regulation on the Internet access industry.
Motor carrier regulation attempted to provide stability to the industry, although not all motor carriers were subject to regulation.
See D. E. Lilienthal and I. S. Rosenbaum, 'Motor Carrier Regulation by Certificates of Necessity and Convenience,' 36 Yale L. J. 163, 'Motor Carrier Regulation: Federal, State, and Municipal,' 26 Col. L. Rev. 954.
In an academic piece from 2002 on common carrier regulation for telecoms (pdf), James Speta, a professor at Northwestern Law in Chicago, discovered that "the earliest cases refused to find that telegraph and telephone companies were common carriers, because the courts could not conceive of them as 'carriers' of anything".
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