Industry Think Tanks Unhappy w/What Comes Around Goes Around
I am amused by this paper from the Progress and Freedom Foundation
on multiple levels. Ken Ferree, who now runs PFF, was all about screwing due process to push his agenda when he was head of the Media Bureau at the FCC. My favorite example being when he and his staff went over to DoJ to review documents in the Comcast/AT&T acquisition in order to keep them out of the public record. Oh yeah, and his decision not to release the Radio Competition Report in 2004 because it undercut the position he had taken in the media deregulation proceeding. Barbara Esbin, the paper's author, was never a particular fan of due process when she was shilling for the cable industry inside the FCC.
But now they are just shocked an horrified that the FCC is not treating cable companies fairly. A complaint made doubly hypocritical because -- if one actually troubles to read the cases -- the requirements of due process are met. Some folks may think "the law is a ass" if it allows the FCC (and other administrative agencies) to operate by adjudication rather than by rulemaking, but take it up with Congress to get the Administrative Procedures Act (APA) revised.
No, this is just the delightful whining of Bush refugees who never imagined that all the crap they pulled might someday rebound on them. I expect more of this as time goes by.
For myself, I have long maintained that "if the law, in its majestic equality, equally forbids rich and poor from sleeping under bridges," then any rich guy found passed out under a bridge goes to jail. For the last 8 years, and even before that, you all thought the existing APA protections were sufficient. Suddenly, when the worm turns, that's not good enough?
I care about due process, but I'm not an idiot. Nor am I so wonderfully post-partisan that I do not enjoy seeing you hoist by your own petard. You wanna talk process reform? Excellent. But only on a going forward basis. You all will have your conduct judged under the rules that you made.