FCC Action on Net Neutrality Principles – The Third Way

Today the FCC issued a statement describing a proposal to solve the jurisdiction issues created by the Comcast v. FCC case. There’s a post here by John Lilly that discusses what’s at stake in more detail.

No doubt the policy and legislative wonks will feast on the legal details. Let’s face it Title I v. Title II  – a match-up that promises to be as exciting as the Thriller in Manilla.

Some contend that this is the first step to regulation of the Internet, which is an outcome I hope never to see, but it seems the Commission’s proposal strikes a careful and thoughtful balance by using the Title II common carrier authority instead of ancillary powers under Title I.  Interestingly, it also appears that there’s a general consensus supporting the majority of the open Internet principles themselves. Even Comcast states that it is committed to the “existing” principles. Certainly, some of the principles are still hotly debated and reasonable minds will differ. While I’m not an expert on the complexities and interactions of the Communications Act, it sure seems like a world with the open Internet principles is better than without.

You can see the formal record of everyone’s comments filed in the Open Internet proceeding by searching here under Proceeding Number 09-191.

Some other views on this subject:

New York Times

Center for Democracy and Technology

Open Internet Coalition

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