Federal Communications Commission (FCC) Chairman Tom Wheeler has voiced his strongest stance yet against Internet fast lanes, dropping hints that he is all for President Barack Obama's recommendation to reclassify broadband providers as utility services under Title II of the Communications Act of 1934.
Speaking at this year's International Consumer Electronics Show (CES) in Las Vegas, Wheeler denied media reports that he and the president were on opposing stands against the reclassification of Internet service providers (ISPs) as "telecommunications services." He said it "makes a good headline" but "we were headed down a path to the same goals."
Although the FCC chief did not explicitly say he was leaning toward Title II reclassification of ISPs as "telecommunications services" instead of the "information services" they are currently classified as, Wheeler said the behavior of ISPs should be measured based on whether they are "just and reasonable," a standard used for public utility companies to ensure that they do not harm consumers and stifle competition.
"We're going to propose rules that say that no blocking (is allowed), no throttling, no paid prioritization," Wheeler said.
It has taken the FCC nearly an entire year to work on a new set of net neutrality rules after a court scrapped the first set proposed by the commission, ruling that the FCC has no authority to enforce overarching rules over ISPs, which are not classified as utilities.
The second set of rules has earned the ire of technology companies and content providers after Wheeler proposed that "commercially reasonable" discrimination against certain providers be allowed. More than 4 million comments have been submitted to the FCC following Wheeler's announcement, prompting him to draft the latest set of rules, which will be revealed to his fellow commissioners on Feb. 5 and subject to voting on Feb. 26.
However, the FCC is not without its enemies on Capitol Hill should it decide to heed Obama's recommendation. Prominent Republicans have cautioned the FCC that they will not hesitate to take certain measures to thwart the commission's reclassification plan. Incoming Senate commerce committee chair Sen. John Thune tells the Wall Street Journal that "all options are on the table."
These include creating new legislation to block reclassification and cut off the FCC budget, a move that could likely throw the commission off the path it has chosen to share with White House since it is already struggling to complete the many items still on its docket. Congress could also use the Congressional Review Act, an infrequently used piece of legislation to void rules created by federal agencies.
"The regulatory tools at the FCC's disposal are outdated and its previous efforts to create rules to regulate the Internet were struck down by the courts," Thune stated. "It's hard to imagine that its new attempt will escape legal challenges and avoid the kind of regulatory uncertainty that harms Internet innovation and investment."
