WorseThanExpected by Shutterstock.com
FCC’s Open Internet Order. While this exercise will be ongoing for the foreseeable future, one thing has become abundantly clear: the Order is worse than expected. This is particularly true when it comes to the issue of paid prioritization. The FCC’s analysis is threadbare and conclusory throughout. It cites comments selectively and without serious effort to analyze substantive concerns. It ignores and mischaracterizes evidence in the record. It bases its conclusions on irrelevant and at times self-contradictory factors. The commission plays so fast and loose with the record and draws so many clearly erroneous conclusions of fact and law that the only questions left are these: how badly is the commission going to lose, and what will the long-term impact be for the commission’s reputation?