FCC chair announces net neutrality push without re-asserting role over broadband Internet (WaPo)

[eppur_se_muova]

By Cecilia Kang
The chairman of the Federal Communications Commission plans to announce Wednesday a controversial proposal that would prohibit Internet providers from favoring or discriminating against any traffic that goes over their networks.

FCC Chairman Julius Genachowski would do so, however, without resorting to a more drastic step of changing the way the FCC regulates broadband providers that would have more clearly asserted the government’s authority over Internet access.

In a statement provided to reporters in advance of Wednesday’s announcement, Genachowski said he thinks he has “a sound legal basis” to pursue so-called net-neutrality rules that would prevent companies such as Verizon, Comcast and AT&T from blocking or serving up some Web sites faster and at better quality than others.

Last summer, Genachowski said he would move to reclassify broadband as something akin to more heavily regulated telephone service, after a federal appeals court threw the government’s position as Web access regulator into question. The court said in April that the FCC had no legal authority to sanction Comcast for blocking files shared through the BitTorrent application.

Broadband companies strongly resisted being reclassified, and now Genachowski has shifted his approach.
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more: http://voices.washingtonpost.com/posttech/2010/12/fcc_chair_announces_net_neutra.html

[rurallib]

1. sounds like another 'kick the can down the road' solution.

Am I wrong?
Looks like Genachowski has essentially left it open for courts to interpret. Based on previous decisions and the fact that most of the sitting federal judges have been appointed BUsh, Bush, Reagan - my hope for a continued open internet is very slim.

[ProgressiveProfessor]

2. Maybe they will invoke the Commerce Clause...