2. Fifth Amendment Takings
149. Contrary to the claims of some broadband providers,471 open Internet rules pose
no issue under the Fifth Amendment’s Takings Clause. Our rules do not compel new services or
limit broadband providers’ flexibility in setting prices for their broadband Internet access
services, but simply require transparency and prevent broadband providers–when they
voluntarily carry Internet traffic–from blocking or unreasonably discriminating in their treatment
of that traffic. Moreover, this Order involves setting policies for communications networks, an
activity that has been one of this Commission’s central duties since it was established in 1934.
150. Absent compelled permanent physical occupations of property,472 takings
analysis involves “essentially ad hoc, factual inquiries” regarding such factors as the degree of
interference with “investment-backed expectations,” the “economic impact of the regulation” and
“the character of the government action.”473 In this regard, takings law makes clear that property
owners cannot, as a general matter, expect that existing legal requirements regarding their
property will remain entirely unchanged.474 As discussed in Part II, the history of broadband
Internet access services offers no basis for reasonable reliance on a policy regime in which
providers are free to conceal or discriminate without limit, and the rules we adopt today should
not impose substantial new costs on broadband providers.475 Accordingly, our Order does not
raise constitutional concerns under regulatory takings analysis.

[Note to David again - imagine going through this with half a dozen posters all flaming you personally, instead of the current context of high-level support / social reward for statements like "our Internet, for it is ours, not theirs".].

To be tedious – under US law, the Federal government may regulate private businesses, with everything from hiring decisions to safety standards to product requirements, if those businesses are within the interstate commerce power. This is not a controversial statement outside of net.libertarian ideology.

Whether the FCC, an agency, has the authority delegated to it by Congress, or the regulation would have to come from Congress itself, is a complicated legal matter, and not germane to the question above.

Agree or Disagree?

Note what I didn’t say there – “your home network”. Even “your small-business WISP”. I said “companies such as Comcast or Verizon”.

[Note to David, if still reading the thread - see my point? The difference between then and now, is that there wouldn't have been the amazing amount of support for the ISP regulation side, plus social status for bashing it. That's all not fashion trends.]

The FCC’s arguments that it can regulate the Internet are about as sensible as that.