For a description of the FCC’s authority, organization, and initiatives, see FCC, What We Do, https://www.fcc.gov/about-fcc/what-we-do (last visited Aug. 16, 2016).
 See, e.g., James Gattuso, It’s Time to Stop Net Neutrality Madness, Daily Signal (Feb. 25, 2016), http://dailysignal.com/2016/02/25/its-time-to-stop-net-neutrality-madness/; James Gattuso, The Government Might Outlaw Free TV Binge-Watching on Your Phone, Daily Signal (Jan. 29, 2016), http://dailysignal.com/2016/01/29/the-government-might-outlaw-free-tv-binge-watching-on-your-phone/; James L. Gattuso, Binge of Regulation: Wireless Pricing and the FCC, Heritage Foundation Issue Brief No. 4512 (Jan. 27, 2016), http://www.heritage.org/research/reports/2016/01/binge-of-regulation-wireless-pricing-and-the-fcc.
 While the Anglo–American understanding of “the rule of law” is traceable to Article 39 of Magna Carta (which obliges the government to act lawfully), some scholars argue that the rule of law concept dates back to Greek and Roman philosophy. See Paul J. Larkin, Jr., A New Approach to the Texas v. United States Immigration Case: Discretion, Dispensation, Suspension, and Pardon—The Four Horsemen of Article II, Heritage Foundation Legal Memorandum No. 181 (Apr. 15, 2016), text accompanying note 65 (describing Article 39), http://www.heritage.org/research/reports/2016/04/a-new-approach-to-the-texas-v-united-states-immigration-case-discretion-dispensation-suspension-and-pardonthe-four-horsemen-of-article-ii#_ftn65; Robert Stein, Rule of Law: What Does It Mean?, 18 Minn. J. Int’l L. 293, 297 (2009) (citing Friedrich Hayek’s discussion of Greek and Roman philosophy and the rule of law).
 U.S. Const. amend. V.
 Stein, supra note 3, at 298.
 Larkin, supra note 3, at note 69 (citing Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163 (1802)).
 Rich Cassidy, The Rule of Law: Supreme Court Justice Anthony Kennedy Tells Us What It Means and Why It Counts, On Lawyering (May 4, 2010) (citing Justice Kennedy’s “provisional definition” of the rule of law), http://onlawyering.com/2010/05/the-rule-of-law-supreme-court-justice-anthony-kennedy-tells-us-what-it-means-and-why-it-counts/.
 Friedrich A. Hayek, The Road to Serfdom 80 (1944).
 Ronald A. Cass, The Rule of Law in America 4 (2001). See also, e.g., Lon L. Fuller, The Morality of Law 39 (1964) (stressing that to comport with the rule of law, legal rules should be simple enough to give clear notice of what they require, have only prospective application, remain relatively constant over time, be internally consistent, and be administered by neutral officials).
 See Scott Wallsten, An Opportunity to Make Transparency the Norm at the FCC, Hill (Mar. 5, 2015), http://thehill.com/blogs/pundits-blog/technology/234656-an-opportunity-to-make-transparency-the-norm-at-the-fcc. As Wallsten explains, before the 1970s, the FCC released the text of rules on the day of the vote or on the following day.
 FCC, Report on FCC Process Reform (Feb. 14, 2014).
 Diane Cornell, Update on Process Reform at the FCC, FCC Blog (July 13, 2015), https://www.fcc.gov/news-events/blog/2015/07/13/update-process-reform-fcc. For a discussion of specific FCC initiatives aimed at improving administrative efficiency, see also Diane Cornell, Special Counsel, FCC, An Update on Process Reform Streamlining Initiatives, FCC Blog (December 22, 2014, 12:10 pm), https://www.fcc.gov/news-events/blog/2014/12/22/update-process-reform-streamlining-initiatives.
 Fact Sheet, H.R. 2583, the FCC Process Reform Act of 2015, energycommerce.house.gov (Nov. 15, 2015), https://energycommerce.house.gov/news-center/fact-sheets/hr-2583-fcc-process-reform-act-2015.
 All Bill Information (Except Text) for S.421—Federal Communications Commission Process Reform Act of 2015, Congress.gov (Feb. 10, 2015), https://www.congress.gov/bill/114th-congress/senate-bill/421/all-info.
 See Leo Pusateri, Lawmakers Pass Weakened Version of FCC Reform Bill, Heartland Inst. (Dec. 14, 2015), https://www.heartland.org/news-opinion/news/lawmakers-pass-weakened-version-of-fcc-reform-bill?source=policybot.
 These include major telecommunications companies and holders of radio and television licenses, among others.
 For a more detailed discussion of the rule of law problems posed by FCC merger reviews, see Randolph J. May and Seth L. Cooper, The FCC Threatens the Rule of Law: A Focus on Agency Enforcement and Merger Review Abuses, 17 Federalist Society Rev. No. 2, at 52–57 (June 2016), http://www.freestatefoundation.org/images/FedSocMayCooperFCC_052416.pdf.
 Id. at 56 (citing an FCC-imposed condition that the merging parties “donate a specific amount of money to a non-profit or public entity which promotes public safety”).
 Id. at 56.
 See id. at 57.
 See FCC, FCC Grants Petitions to Preempt State Laws Restricting Community Broadband in North Carolina, Tennessee (Feb. 26, 2015), https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A1.pdf.
 See Alden F. Abbott, FCC Preemption of State Municipal Broadband Restrictions Is Legally Problematic and Bad for Taxpayers and Competition, Truth on the Market (Apr. 9, 2015), https://truthonthemarket.com/2015/04/09/fcc-preemption-of-state-municipal-broadband-restrictions-is-legally-problematic-and-bad-for-taxpayers-and-competition/.
 For a more detailed discussion of the statutory and constitutional issues, see Abbott, id., and Randolph J. May & Seth L. Cooper, FCC Preemption of State Restrictions on Government-Owned Broadband Networks: An Affront to Federalism, 16 Engage No. 1, at 47–52 (Feb. 2015), http://www.fed-soc.org/publications/detail/fcc-preemption-of-state-restrictions-on-government-owned-broadband-networks-an-affront-to-federalism. In particular, by trenching upon the states’ sovereign ability to control the scope of their local political entities’ activities, the Municipal Broadband Order inappropriately seeks to diminish the scope of state sovereignty. The Order thereby creates unwarranted confusion as to the proper constitutional division of authority between the federal government and the states, contrary to the rule of law.
 Admittedly, in Verizon v. FCC, 740 F.3d 623, 639–40 (D.C. Cir. 2014), the U.S. Court of Appeals for the D.C. Circuit deferred to the FCC’s reinterpretation of Section 706 as a source of regulatory power, but the U.S. Court of Appeals for the Sixth Circuit, in striking down the Municipal Broadband Order (see infra note 30, ), was not obliged to—and did not—accept the D.C. Circuit’s interpretation. See May & Cooper, supra note 26, and FCC, Order and Notice of Proposed Rulemaking, Deployment of Wireline Services Offering Advanced Telecommunications Capability et al. (“Advanced Services Order”), 13 FCC Rcd. 2401, § 77 (1998) (stating that “the most logical statutory interpretation is that section 706 does not constitute an independent grant of authority.”).
 See Nixon v. Missouri Municipal League, 541 U.S. 124, 140 (2004) (rejecting federal preemption of Missouri’s statute prohibiting its local governments from offering telecommunications services and declaring that “preemption would come only by interposing federal authority between a State and its municipal subdivisions, which our precedents teach, ‘are created as convenient agencies for exercising such of the governmental powers of the State as may be entrusted to them in its absolute discretion.’”) (internal reference omitted).
 See Enrique Armijo, Municipal Broadband Networks Present Serious First Amendment Problems, 10 Perspectives from FSF Scholars No. 11 (Feb. 23, 2015), http://www.freestatefoundation.org/images/Municipal_Broadband_Networks_Present_Serious_First_Amendment_Problems_022015.pdf.
 The State of Tennessee, et al. v. FCC (No. 15-3291, 6th Cir., decided Aug. 10, 2016), slip op., http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0189p-06.pdf. See also Alden Abbott, Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains), Truth on the Market (Aug. 19, 2016), https://truthonthemarket.com/2016/08/19/sixth-circuits-decision-rejecting-fcc-preemption-of-state-restrictions-on-municipal-broadband-ownership-strikes-a-blow-in-favor-of-the-rule-of-law-but-a-broader-problem-remains/.
 The Order is set forth at FCC, FCC Releases Open Internet Order (Mar. 12, 2015), https://www.fcc.gov/document/fcc-releases-open-internet-order. Concern about the procedural twists and turns that preceded the FCC’s promulgation of that Order no doubt was one of the motivations behind congressional interest in FCC procedural reform. See text accompanying notes 13–18, supra.
 For a discussion of how the Open Internet Order undermines the rule of law, see May & Cooper, supra note 20, 53–54,. For a discussion of other serious legal and policy problems raised by the Order, see, e.g., Randolph J. May, Thinking the Unthinkable: Imposing the ‘Utility Model’ on Internet Providers, 9 Perspectives from FSF Scholars No. 32 (Sept. 29, 2014), http://freestatefoundation.org/images/Thinking_the_Unthinkable_092914.pdf; Randolph J. May, Why Chevron Deference May Not Save the FCC’s Open Internet Order—Part 1, 10 Perspectives from FSF Scholars No. 19 (Apr. 23, 2015), http://www.freestatefoundation.org/images/Why_Chevron_Deference_May_Not_Save_the_FCC_s_Open_Internet_Order_-_Part_II_050415.pdf.
 May & Cooper, supra note 20, at 53.
 Id. at 54.
 See U.S. Telecom Ass’n, et al. v. FCC (No. 15-1063, D.C. Cir., decided June 14, 2016), slip op., https://www.cadc.uscourts.gov/internet/opinions.nsf/3F95E49183E6F8AF85257FD200505A3A/$file/15-1063-1619173.pdf.
 Heritage Foundation Senior Research Fellow James Gattuso has pointed out that FCC net neutrality rules banning the blocking or slowing of Internet content inherently involve a form of price regulation, since the mere act of enforcing these rules means that the FCC will be in the business of deciding what prices are reasonable and what prices are not. James Gattuso, FCC Looks to Regulate Internet Rates (After It Said It Wouldn’t), Daily Signal (Apr. 14, 2016), http://dailysignal.com/2016/04/14/fcc-looks-to-regulate-internet-rates-after-it-said-it-wouldnt/.
 See Geoffrey Manne & Ben Sperry, The Third Circuit Pushes Back on FCC’s Unjustified Rule on Joint Sales Agreements, Truth on the Market (May 25, 2016), https://truthonthemarket.com/2016/05/25/the-third-circuit-pushes-back-on-fccs-unjustified-rule-on-joint-sales-agreements/.
 “[T]he 2014 Order  dramatically expand[ed] its scope by amending the FCC’s local ownership attribution rules to make the rule[s] applicable to JSAs, which had never before been subject to it. The Commission thereby suddenly declare[d] unlawful JSAs in scores of local markets, many of which ha[d] been operating for a decade or longer without any harm to competition. Even more remarkably, it d[id] so despite the fact that both the DOJ and the FCC itself had previously reviewed many of these JSAs and concluded that they were not likely to lessen competition…. [In addition], [empirical] evidence shows that many of these JSAs have substantially reduced the costs of operating TV stations and improved the quality of their programming without causing any harm to competition, thereby serving the public interest.” Brief of Amici Curiae International Center for Law and Economics and Affiliated Scholars in Support of the Petitions for Review, at 4 (Apr. 20, 2015), Howard Stirk Holdings, LLC v. FCC (No. 14-1090, D.C. Cir.), http://laweconcenter.org/images/articles/icle_stirk_amicus_as_filed.pdf. (This case was transferred from the D.C. Circuit to the Third Circuit in November 2015.).
 Prometheus Radio Project v. FCC, Nos. 15-3863, 15-3864, 15-3865, and 15-3866, at 51–52 (slip. op., 3rd Cir. May 25, 2016), http://www.nab.org/documents/newsRoom/pdfs/052516_Media_Ownership_Decision.pdf.
 Press Release, FCC, FCC Moves to “Unlock the Box” to Spur Competition, Choice, & Innovation in Set-Top Box and App Marketplace, Feb. 18, 2016, https://apps.fcc.gov/edocs_public/attachmatch/DOC-337795A1.pdf.
 See Comments of the International Center for Law and Economics, In the Matter of Expanding Consumers’ Video Navigation Choices, FCC, MB Docket No. 16-42 (Apr. 22, 2016), http://apps.fcc.gov/ecfs/document/view;ECFSSESSION=SCPBXGRNMytb9LpL4hWHhtL6ZYp1bsdLl9gjDfzBvGnNcBJ82yL0!-1952303686!-848745534?id=60001690837.
 See id. at 3–5. The U.S. Supreme Court has made clear that federal agencies have no authority to violate treaties that bind the U.S. government. Head Money Cases, 112 U.S. 580, 598 (1884).
 See id. at 3–4.
 See id. at 2, 5–10.
 See May & Cooper, supra note 20, at 54. This Order is entirely separate from the 2015 Open Internet Order, discussed above.
 See id. at 54–55.
 See id. at 55.
 The many examples of “government failure,” when government interventions reduce economic well-being, suggest a need to be skeptical about justifications for government “fixes” of market imperfections. See generally Gordon Tullock, Arthur Seldon & Gordon L. Brady, Government Failure: A Primer in Public Choice (2002).
 Congress could profitably turn to the considerable body of scholarly research on FCC reform already carried out by the free market–oriented Free State Foundation, http://www.freestatefoundation.org/publications/allfsfpublications.html (last visited Aug. 17, 2016), and by James Gattuso of The Heritage Foundation. See The Heritage Foundation, http://www.heritage.org/about/staff/g/james-gattuso (last visited Aug. 17, 2016).
 Alden F. Abbott, You Don’t Need the FCC: How the FTC Can Successfully Police Broadband-Related Internet Abuses, Heritage Foundation Backgrounder No. 154 (May 20, 2015), http://www.heritage.org/research/reports/2015/05/you-dont-need-the-fcc-how-the-ftc-can-successfully-police-broadband-related-internet-abuses.