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> So in 2015, the FCC labeled them common carriers. Which gives me the impression FCC is empowered to decide what "common carrier" means, thus making both "yes
by smsm42 9y ago
> So in 2015, the FCC labeled them common carriers.
Which gives me the impression FCC is empowered to decide what "common carrier" means, thus making both "yes" and "no" decisions with regard to ISPs equally legal. Is there some other law that breaks the symmetry?
- boomboomsubban 9y agoThe FCC doesn't get to decide, it just isn't currently clear whether they are a common carrier under the laws given. So the FCC chooses what side to back, enacts regulations based on it, and waits for the courts to decide who is right.
- deleted 9y ago[deleted]
- dragonwriter 9y agoThe FCC gets to apply the definition written into the law bases on the factual circumstances, and is entitled (under current case law) to significant deference in its application of the law, but it's decisions still need to be grounded in the facts and law.