Title II of the Communications Act—the section that regulates telecommunications common carriers is now being considered by the FCC to oversee broadband. FCC Commissioner Robert M. McDowell during a talk he gave to the Free State Foundation asked: (see First Do No Harm: A broadband plan for Amercia) “Exactly what kind of companies might get tangled up into this regulatory Rubik’s Cube?…Any Internet company that offers a voice application?” … “With this newfound authority, why stop at voice apps? Isn’t voice just another type of data app? As the distinction between network operators and application providers continues to blur at an eye-popping rate, how will the government be able to keep up?”
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