FCC Proves (Yet Again) That Easy Forbearance Under Title II is a Myth
In the ongoing push for heavier regulation of the Internet, pro-regulation advocates try to downplay the impact of imposing 80-year-old telecom rules on the Internet by invoking the concept of “forbearance” as a magic wand that will simply make all the harmful aspects of Title II disappear. Well, the DC Circuit and the Federal Communications Commission have provided more evidence that the forbearance process is not easy.
The FCC rejected a request to forbear from the Part 32 accounting rules. So Verizon appealed that decision to the DC Circuit. The court released its decision, noting that the need for the Part 32 accounting data “appears marginal,” but concluding that the FCC is entitled to deference in its decisions so the court wasn’t in a position to second-guess it. So at the end of a process lasting almost three years, the “easy” forbearance process has failed to achieve the simple task of doing away with a requirement that has been obsolete for decades. And this is the process that pro-regulation advocates are counting on to keep rotary-telephone-era regulations from harming the Internet ecosystem? It’s enough to make you sick.