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Chris Stirewalt interviews FCC Commissioner McDowell about internet neutrality and the fairness doctrine
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Administration which authority nationalized health care the auto industry insurance companies banks and student loans.
Will move forward with what could be the first -- and controlling how Americans use the Internet.
But establishing a federal regulations.
On issues.
That was Senate Minority Leader Mitch McConnell of Kentucky in -- December 21 floor speech.
Warning -- Obama planned to take over the Internet via the FCC.
And this is power play thanks for sticking with us and we have with us today.
Part of that FCC that we were warned about by the minority leader there.
Robert McDowell the commissioner on the FCC we thank you for being with -- are -- having a good day today.
Have a great day okay it will welcome to power -- -- now I've been soliciting the Internet here four it's questions about you and your agency and what it does.
The predominant theme.
With our viewers and what people are interested and is.
Is net neutrality which is the shorthand term for having federal regulations of the Internet FCC regulations of the Internet really going to come to pass is that is that release.
What that you'll come to pass personally SEC had a big vote last December 21 on this it was a three to two vote obviously I dissented he.
-- -- you would you retreat Nawaz video as well latitude because I -- you have to myself but I was one of the two.
And so the rules actually haven't gone into effect yet not to bore all the viewers and listeners out there but.
There's a matter to the rules being published in something called the federal register that hasn't happened yet Utah has -- been comes up.
The Office of Management and Budget under -- people -- production that you got that -- Next -- he had a lot of but indicates that lo and behold it creates a lot of problems.
And services the first unintended consequence.
Which -- We predicted right mr.
baker -- time particularly a lot of and -- -- the -- is one of which is.
It's gonna be burdensome especially in small businesses.
Even is so even to the point of implementing these rules as hard as any problems and -- going to -- Now congress says that they're gonna stop.
By the FCC from doing this this majority vote that they're gonna block -- repeal in some way many the Republicans that I talked to in the house say.
They're rolling that they -- that they need to roll this back.
Do they have the ability to do better is this it -- and roll back up.
They have the ability to do they certainly have the power to do it it's really matter whether the -- would cooperate so the congressional congressional review act.
-- it's program.
The house taking care votes can -- get through the senate with Republicans don't have control over so that's that's a big question.
You know sometimes these things can happen to the appropriations process -- a little amendment -- appropriations writers.
But those are also difficult to achieve so we shall see I think the more likely route is that it will be overturned in court totally.
Okay so this soon.
What is the legal issue in this because basically what we're talking about I'm sure all of you know about this because -- tech savvy people.
But.
What we're talking about here is the power of the FCC to determine.
How much bandwidth how much based on the Internet people are allowed to use at any given time right basically stuff stealing the you were access to space on here right.
Well kind of so it has to do with whether or not the government should regulate the sort of inner workings of the machinery -- of the Internet the way they -- the telephone.
Exactly where they would do that with the with the -- -- -- for the past hundred years and it's actually in the longstanding.
Bipartisan.
Policy of the United States and also within international consensus.
That we shouldn't should not do this what was ironic about the December 21 vote is the other two Republicans in the FCC defending Clinton gore administration policy.
Which is -- hands off the net right and you know most people think that the Internet works pretty well.
And most people think that you're -- doesn't work very well.
-- -- -- the government and Turks are operating Internet especially when there's no.
You know demonstration and any sort of partnership.
Right you then and do this is from critics including senator McConnell that this is a solution in search of a problem is is basically that.
Their client.
OK so the court process now rolls forward when when do we expect to see resolution on this how does this work so -- to -- a step further -- Is that a -- that the rule hasn't been published tonight -- at the appeal.
Can't the court -- can't start until the rules of this published right show their love of potential -- out there and organizations that we would appeal is right so that could happen this fall refused to -- the timeline for.
Public notice and comment of what was others gobbledygook contributory murderer right.
So it could be October or November of approval rules -- and then the -- is published they can be appealed.
And I think you I wrote a very lengthy dissent on this 35 it just went from 35 of those if you ever have to -- if an offender actually but.
And that I think we can actually get I was the last day of -- -- -- freeze -- -- -- it actually doesn't go into effect those are hard to get.
But this is a better than average chance of of succeeding.
First -- and as long as that and as this rolls out.
And we could actually get to the next election it sounds like before we get to some real conclusion on this if there is a stay if things are held in -- that we might end up.
After the -- -- with a different composition.
Congress and she loses a lot that happened in the next year half net neutrality could be overturned -- court to -- you could get the state that's not likely to happen.
And if -- -- -- or not that is still the court and hears it on the merits.
And that can take a year or so.
And then you could have -- -- congress come January turning thirteen deeply which have been overturned or new president with a new FCC order president of the US is you can't.
Says says the Republican member of yeah.
Now the other question people obviously want -- -- about is.
What is called the fairness doctorate.
This is the constant question about the FCC.
-- the Fairness Doctrine wolf first though before we get into debunking let's bunk first and you can tell them what is the Fairness Doctrine how does that work.
Sure -- questions of Fairness Doctrine came out of the FCC in about 1949.
And the idea was that broadcasters.
Had to present issues of controversies through.
Political controversy and -- the opportunity for the presentation of a balancing viewpoint.
It was tested at the supreme court system one.
Broadcast license that was pulled as a religious broadcaster to and that was in the 1960s it -- Supreme Court in 1969.
Case called the red lion case.
And the court said.
In invited -- and said look we this could be unconstitutional.
Because.
Of something called the doctor spectrum scarcity and others are -- -- at the -- and a lot -- out of ballots right exactly so not enough outlets.
But if competition.
Continues reports that and in a very visionary were in it yet.
-- let us know bring this back to us and we might strike this down because if you think about it.
That's content controlled by the government.
And its content content controls political speech and nobody was -- that if it was newspaper groups Greta -- won't newspapers or one platform.
Radio that the platform televisions and on the platform international and -- -- -- so.
And actually.
Would -- the Fairness Doctrine net neutrality are related and -- -- first met with the same First Amendment implications.
With both net neutrality.
And the Fairness Doctrine in terms of government regulating its.
Be sure the man enjoys genachowski who's in charge of the FCC President Obama put in charge of the FCC.
The chairman says he doesn't want anyone to pull any concept.
The idea of the Fairness Doctrine that -- that that's out.
Republicans that I talk on the -- that.
That doesn't mean anything because it couldn't be implemented anyway.
And more importantly.
That there is something called localism.
Which can be used with broadcasters.
To control what they put on the -- anyway we're running out of time but I hope can you briefly explain to me what this localism concept is an.
How that works sure privileges to there's issued a series ME STC should do more -- -- Fairness Doctrine then I was preparing for speech last month.
And we actually -- found.
Bits and pieces of Fairness Doctrine still in -- almost 4000 pages of rules of the FCC has.
And we said hey look these are come off the books that generated congressional letters of the chairman chairman genachowski -- have been promised -- -- remove them from the books.
I would certainly we have to go I am so very even and even on the Internet we have to go.
And we are very greatly be here -- will become back sometime and -- to a -- localism which would you do all should know that.
