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Living Room / Re: FCC ruling on ringtones is... shortsighted
« Last post by 40hz on June 24, 2014, 06:13 PM »How is that solving the underlying problem?-wraith808 (June 24, 2014, 02:55 PM)
I think the FCC did as much as they could. They can't directly order the companies to fix problems. They're a regulatory agency. All they can do is pass a regulation and threaten enforcement action if it's ignored. But they're not the cops. And they're also (as they are sometimes forcefully reminded) a creature of Congress. They serve at the pleasure of the Congress. They can have their authority revoked at the stroke of the same pen that created them. So much like the Federal Reserve, they have influence and some narrowly defined authority - but not the final word.
It's up to the courts to rule on whether or not an agency exceeds its mandate or authority - and it's almost entirely up to the Executive Branch and the discretion of the Justice Department whether or not to prosecute or enforce a regulation or law. It's their call. And if there's not sufficient political will and public support (or awareness) behind a law - it often doesn't get enforced. You can't even sue in court to force the government to enforce a law. Ronald Regan wrote the book on that when he simply ordered the Justice Department not to enforce certain laws his administration disagreed with. And the courts ruled he was within the legal authority of his office even though they had a lot of negative comments to make about a President behaving in that manner.
Such is the power of the Executive Office.
So right now, I think the FCC did as much as they could by focusing awareness and drawing attention to where the problem is - and more importantly, who is responsible. If there is sufficient public outcry, it will eventually force our government to do something more concrete. And hopefully address the root of the problem. But until then, don't hold your breath. There's a lot of telco lobby money leaning on Congress and the Senate. And the Congress and the Senate are leaning on the FCC as a result. And it is an election year...


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