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by dragonwriter 3118 days ago
> What makes this decision arbitrary or capricious?

Disregard of the integrity of the legally-mandatory public comment process is, in and of itself, strong evidence that there is a violation of procedural rules governing regulation.

1 comments

The public comment process is not an opinion poll, it's a mechanism to make sure the FCC has all the relevant information at its disposal. They are under no obligation to favor any viewpoint just because it's popular.

You've actually got it backwards. If this were a case of an Executive Branch run amok, the proper move at this point would be for Congress to pass a law and fix it. And Congress itself is definitely an opinion poll, we call them 'elections'.

Elections have consequences, and administrators have a large amount of leeway in how their departments get run.

> The public comment process is not an opinion poll, it's a mechanism to make sure the FCC has all the relevant information at its disposal. They are under no obligation to favor any viewpoint just because it's popular.

Which is a straw man, as I did not argue anything about failing to treat the public comment process as a poll.