The net neutrality battle rages on, but it seems as though it will be a while before any real headway is made on the issue.
While the Federal Communications Commission's vote, which is scheduled for Feb. 26, is certainly a step forward, it is far from the final step that needs to be taken for an open Internet.
The first obstacle to real laws being put into effect is the fact that a second Senate investigative panel has been announced, created to investigate whether the White House improperly had any effect over the proposed plan.
"Since the FCC is an independent agency that derives its authority from Congress and not the White House, it is highly concerning that the White House would seek to take on this level of involvement in the regulatory process of the FCC, or attempt to supplant completely the agency's decision-making apparatus," said Senate Homeland Security and Government Affairs Chairman Ron Johnson.
Republicans have demanded that the FCC turn over all evidence of correspondence between the White House and the FCC. While this panel isn't necessarily a bad thing, it will certainly extend the process.
If the Internet is voted to be monitored under Title II, Republicans are likely to continue to push their idea that the White House has had an unfair impact on the turnout of the vote.
The real kicker, however, is the fact that should the proposal advocating for an open Internet be put into effect, the FCC is sure to run into legal action from Internet service providers such as Verizon. In fact, Verizon has stated outright that it will sue the FCC should it advocate for net neutrality. AT&T is likely to join Verizon in its legal crusades once the vote takes place.
Even if the Internet is reclassified, there will be legal trouble mainly from proponents of an open Internet. Many companies have come out in support of an open Internet, most notably Netflix.
While these legal troubles are frustrating, they will really only serve as a delay to the laws being imposed.
Congress is also likely to pose a challenge to the FCC should the Internet be reclassified under Title II. Both Houses of Congress, which are controlled by Republicans, are working on legislation that would limit the FCC's power and authority over the Internet and other broadband access issues in the future.
While these efforts will be ended after the vote, Congress would have other powers over the FCC. Congress could limit its money supply to the FCC, something that it has done with multiple commissions in the past. Congress could also specifically limit the FCC's authority. Lastly, Congress could pass legislation to update the communications acts of 1934 and 1996, making Title II and any discussions related to it irrelevant.
While things will be taken one step at a time, it is likely to be a long battle ahead for an open Internet.
