ACA says FCC's Title II direction skips a legal step

The American Cable Association believes that any Title II reclassification of broadband would break the law and has informed the FCC it will pursue the commissioners as outlaws if they continue with a "third way" plan to "lightly regulate" the currently free-for-all space.

The problem, the Washington-based organization said, is that the FCC is trying to leapfrog a regulatory step and, under the law, that just can't happen.

"The Commission cannot lawfully proceed directly from the NOI (notice of inquiry) to a declaratory ruling that alters the status quo by imposing new regulatory and legal obligations on providers," the ACA said in an ex parte disclosure. "The Commission must first issue a notice of proposed rulemaking and publish that notice in the Federal Register, two steps that the Commission has failed to take in this case."

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