McDowell Forgets He Already Voted That FCC Has Authority To Enforce Network Neutrality Rules

[Commentary] In March 2007, the Federal Communications Commission -- including Commissioner Robert McDowell -- voted 5-0 that the FCC has authority to regulate and enforce Network Neutrality rules. So two and a half years ago, Commissioner McDowell was so utterly certain of the Commission's jurisdiction that he not only voted for it, he expressly acknowledged it in his concurring statement. So what did McDowell have to say about it last week? "Although I respectfully disagree with the factual and legal predicates that have produced this item today, I agree that if we are to have rules the proper way to proceed is a notice of proposed rulemaking containing the text of proposed rules. These issues are complicated and highly technical and deserve the lengthy comment period the Chairman has suggested. The longer time frame may also allow us to receive guidance from the court on our legal authority to proceed as may be decided in the Comcast/BitTorrent appeal."