We are all rightly concerned about net nuetrality (more on this later).  However, COPE is equally problematic.  Basically, COPE will hand over authority over cable regulation completely to the FCC.  This will allow the feds to essentially apportion the cable TV market with no local say.  It also removes some responsibilities of cable TV providers to provide public access programming.

COPE is unconstitutional.  The legal argument:

1) Most of the infrastructure for cable TV systems, especially in rural areas, was built partially with taxpayer subsidies/tax breaks or money, whether from local or state governments.  

2) As local and state governments had some say in regulating cable franchises (this say has been rapidly diminishing) the trade-off for investment of public money was responsiveness- public access programming, broadcasting local school board and town hall meetings, etc.  Can the federal government assume authority, essentially seize these local assets, without compensation to local governments (takings clause)?  

3) Is there also a federalism issue?  How does regulating the cable system of, say, Wichita, Kansas, meet the test of interstate commerce (10th Amendment)?  

Legal arguments please... and more on how poorly thought out this non-neutral net is on the flip...

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NOTE: This is fairly long and was written in response to questions that came out of attempts to discuss NN with Congressional staff; sometimes successfully, sometimes not.  It is intended to provide a general overview for NN 101. Cross posted at DKos.

The Technology Formerly Known As Phone does not want you to know about the significance of Net Neutrality for the future of America's ability to develop and produce innovative products and services on the Internet.  How did we get to this place, and what can you do to change it?

Back when telephone exchanges were still being built across America, the U.S. Congress passed the Telecommunications Act of 1934.  

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I support Net Neutrality. I support the internet protections in COPE Act.

Thats right I support Net Neutrality because without it not only will I not be able to access any (legal) website I want and that my website will fall unless I pay money but I already paid for the internet so why pay more. Thats right we all have to pay just to get internet service so why do we have to pay more money.

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