Broadband back on the FCC agenda for June Open Meeting


We know that there are several matters of particular interest percolating behind and not-behind the scenes at the FCC, but they are still lot bubbling to the surface in the form of becoming an agenda plank at the monthly Open Meeting. June will be no exception.

In fact, the June meeting is being dedicated to just one topic at this point – consideration of a Notice of Inquiry on Chairman Julius Genachowski’s proposed “third way” strategy to promote the concept of network neutrality.

The plan is to make limited use of Title II powers, which carry more authority and would be used to address the common carrier aspects of network management, while leaving as much flexibility as possible under the current Title I approach, which regards the internet as an information service and gives the FCC less oversight.
Here are the points Genachowski wishes input on:

i) Whether the Commission’s “information service” classification of broadband Internet service remains legally sound and adequate to support effective performance of the Commission’s responsibilities;

ii) The legal and practical consequences of classifying broadband Internet connectivity as a “telecommunications service” to which all the requirements of Title II of the Communications Act would apply; and

iii) A possible “third way” under which the Commission would reaffirm that the Internet remains unregulated and Internet-based information services remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition, and consumer protection policies.