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Waxman Net Neutrality Proposal 'Insidious,' No Easy Solution, Spiwak Says

Phoenix Center President Larry Spiwak pushed back against the basing of net neutrality rules on Communications Act Title II, saying the proposal outlined by House Commerce Committee ranking member Henry Waxman, D-Calif., is "insidious." Waxman proposes to reclassify broadband as…

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Title II and then forbear from the brunt of it, including sections 201 and 202. “While the FCC may forbear from sections 201 and 202, it cannot forbear from the mandates of sections 201 and 202, and it is these very mandates, not the numbers ‘201’ and ‘202,’ that expressly permit the paid prioritization that Waxman seeks so desperately to ban,” Spiwak said Thursday in an op-ed for The Hill (http://bit.ly/1rnx0NW). Spiwak said that “to proceed by reclassification with a gerrymandering of the commission's Section 10 precedent does nothing more than guarantee a third trip to the Courts of Appeal.” He attacked what he judges various legal deficiencies.