• There's a fine line between the American dream and the American nightmare.

    Don Henley

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There is a lot of attention being paid to the FCC rules that are currently being proposed regarding control of the Internet, and it is noted that such rules are not available to the public.  The Administrative Procedures Act requires all agency rules to be published in the Federal Register 30 days before they become effective.  There are lots of cases where agencies did not publish them 30 days in advance of their effective date and the courts held such rules not to be effective.

One such case is Natural Resources Defense Council v. Abraham, 355 F.3d 179, 206 (2nd Cir. 2004), which dealt with the effective date of certain regs, many being published, then altered, and the dates changed.  That court of appeals held, "Therefore, because the February 2 delay was promulgated without complying with the APA's notice-and-comment requirements, and because the final rule failed to meet any of the exceptions to those requirements, it was an invalid rule." This case may be read here.

Since these FCC rules have obviously not been published in the Federal Register, they cannot have any force and will be invalid.