The Federal courts have repeatedly told the FCC it has no legal authority to create “net neutrality”, but the new FCC chairman is at it again.
With the courts pretty solidly in the hands of progressives, a pretty successful tactic of making legal precedent is to create a conflict – knowing it then can become an issue before the courts. Marriage used to be a state issue and the Federal courts kept hands off. Pass a Defense Of Marriage Act creating a federal definition of marriage (one man + one woman) and now the courts can assert Federal jurisdiction and essentially have the Federal Courts make up thir own laws.
Tom Wheeler wants to create regulations to allow Comcast to be able to sell better access to Netflix if they’ll pay extra to Comcast (anti net neutrality). It’s not actually what he wants. He wants Netflix to run to a Federal Court and demand Net Neutrality with the FCC as the one to determine “fairness”. He wants power that can then be leveraged into post FCC employment rewards and campaign contributions.
It’s worth pointing out the FCC is not part of the Federal Government. It is an independent commission empowered by specific federal regulations to perform limited functions like issue licenses for spectrum, test electronic devices for interference. It is not part of the Executive branch or any Department largely to keep its decisions free from Congressional micromanagement. It is self funded through fees so there are no strings to yank them around.