"The Title II Regs were designed during the Great Depression to address Ma Bell and don't match the internet now."
In what ways do they not "match the internet now"? The Communications Act of 1934 (in my opinion as someone who is very much not a lawyer) seems to have been intended to regulate all telecommunications, even if it has language specifically addressing AT&T's then-monopoly on a specific form of telecommunications. Its various amendments appear to be consistent with that intent.
If these repeal supporters can cite specific reasons why Internet providers shouldn't qualify as common carriers (and thus be subject to Title II) just like how telephone network providers are classified as such, then we have a proper discussion on our hands. Else, it really just reeks of more whining on the part of cable companies and their ilk: "no no no, we're totally different from this other subcategory of 'telecommunications' because reasons".
Personally, I ain't buying it.
"The FCC isn't the right vehicle for addressing anti-competitive behavior in this case; the FTC would be better."
The FTC isn't the (only) right vehicle for enforcing the terms of the Communications Act of 1934; the FCC would be better.
The FTC should by all means be involved here, don't get me wrong (ISP's behaviors are definitely characteristic of coercive monopolies), but that doesn't mean the FCC gets to stick its fingers in its ears saying "LALALALALA Title II doesn't apply" when it very obviously does.
"The internet didn't need fixing in 2010 when the regs were passed."
Depends on who you ask. If you're an ISP, then no, it didn't need fixing. If you're pretty much anyone else, then yes, it very much did (and still does; Title II is still insufficient in really addressing the abuses of modern-day ISPs, in particular because the Comm. Act doesn't really do much about price gouging AFAICT; this is - like we've both suggested - the purview of the FTC).
In what ways do they not "match the internet now"? The Communications Act of 1934 (in my opinion as someone who is very much not a lawyer) seems to have been intended to regulate all telecommunications, even if it has language specifically addressing AT&T's then-monopoly on a specific form of telecommunications. Its various amendments appear to be consistent with that intent.
If these repeal supporters can cite specific reasons why Internet providers shouldn't qualify as common carriers (and thus be subject to Title II) just like how telephone network providers are classified as such, then we have a proper discussion on our hands. Else, it really just reeks of more whining on the part of cable companies and their ilk: "no no no, we're totally different from this other subcategory of 'telecommunications' because reasons".
Personally, I ain't buying it.
"The FCC isn't the right vehicle for addressing anti-competitive behavior in this case; the FTC would be better."
The FTC isn't the (only) right vehicle for enforcing the terms of the Communications Act of 1934; the FCC would be better.
The FTC should by all means be involved here, don't get me wrong (ISP's behaviors are definitely characteristic of coercive monopolies), but that doesn't mean the FCC gets to stick its fingers in its ears saying "LALALALALA Title II doesn't apply" when it very obviously does.
"The internet didn't need fixing in 2010 when the regs were passed."
Depends on who you ask. If you're an ISP, then no, it didn't need fixing. If you're pretty much anyone else, then yes, it very much did (and still does; Title II is still insufficient in really addressing the abuses of modern-day ISPs, in particular because the Comm. Act doesn't really do much about price gouging AFAICT; this is - like we've both suggested - the purview of the FTC).