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geek tragedy

(68,868 posts)
Fri Feb 27, 2015, 11:54 AM Feb 2015

No, the FCC net neutrality rule is not some secret corporatist plot

A number of people who do not understand administrative law in the US have been complaining that the FCC has not disclosed what the final rule is. The FCC is thus hiding something, engaging in secrecy, etc. Some are even supporting Republican complaints to that end.

This concern is misplaced. This is standard notice and comment rulemaking governed by the Administrative Procedure Act.

http://www.fcc.gov/encyclopedia/rulemaking-process-fcc

The proposed rule was published in May 2014.

http://www.fcc.gov/document/protecting-and-promoting-open-internet-nprm

After that publication, members of the public, including John Oliver, had the opportunity to provide the FCC with their comments on the proposed rule.

After digesting all of that commentary, the FCC then votes on whether to move forward with the proposed rule, replace it with a new rule, or set it aside and do nothing.

Yesterday, the FCC voted to move forward with the proposed rule they published in May 2014.

That did not result in a final rule. They still have to address the dissenting statements from the FCC commissioners who voted against it, and address the public comments submitted (obviously not each individually, but they still need to respond to issues raised and show how they considered them) insert a preamble, etc.

When is the rule final?

When it gets published.

Why hasn't the rule been published?

Because it isn't final.

But, for all intents and purposes, the final rule will be what was proposed back in May 2014. They can't circumvent the notice and comment procedures by substituting something substantially different from the proposed rule.

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