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-- it excludes wireless service, giving providers full control over customers with regard to pricing and conditions of operation.
If Genachowski's proposal is adopted, Net Neutrality will be compromised. Cable and telecom giants will take control, and another Obama promise will be broken, sabotaging the last free and open space, subverting digital democracy for profit and the ability to block unwanted content.
The 1934 Communications Act "regulat(ed) interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges...." It established the Federal Communications Commission (FCC) to "execute and enforce the provisions of this Act."
Key to Genachowski's scheme is not classifying broadband Internet service under the Communications Act as a Type II telecommunications service that would subject it to tighter control. As a result, any FCC action may be legally challenged and will be if unfavorable to industry giants. In addition, as mentioned above, wireless service would be exempted from most new rules, a serious flaw given how fast it's becoming the most popular Internet access method of choice.
Corporations and lobbyists responded favorably to Genachowski's plan. National Cable and Telecommunications Associations President Kyle McSlarrow said that previous negotiations had "produced a rough consensus on a number of points, which we believe are reflected in" his proposed rule changes.
The CTIA Wireless Association added:
"While we maintain our belief that any action in this area is unnecessary in the dynamic and rapidly evolving wireless environment, we understand and are pleased that the proposed rules have moved away from broad Title II regulation and toward a more tailored approach that recognizes the unique nature of wireless services."
Telecommunications giant AT&T was practically jubilant saying:
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