FCC chair prefers to keep framework for broadband unchanged: sources

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: May 2, 2010 2:16:51 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] FCC chair prefers to keep framework for broadband unchanged: sources

FCC chair prefers to keep framework for broadband unchanged: sources
<http://voices.washingtonpost.com/posttech/2010/05/fcc_chair_prefers_to_keep_broa.html>

The chairman of theFederal Communications Commission is leaning toward keeping the current regulatory framework for 
broadband services in place, after a federal court decision last month showed weaknesses in the agency’s legal status 
over broadband service providers.

Three sources at the agency said that FCC Chairman Julius Genachowski hasn’t made a final decision on whether the 
commission would change the legal framework for broadband services – a key question as the FCC attempts to create an 
open Internet rule and bring broadband services to all Americans.

But in recent discussions, the sources said Genachowski has indicated he is less inclined to define broadband as common 
carrier service like regular copper wire phone services, which are clearly under the FCC’s oversight. The chairman was 
concerned that a move to that regime, called Title II, would be overly burdensome on carriers, they said. Yet he was 
also concerned that the current framework would lead to constant legal challenges to the FCC’s authority every time it 
attempted to pursue a broadband policy.

The complicated legal debate is one steeped in historical interpretations of the FCC's mission, its mandate by Congress 
and technological transformation to communications services brought by the Web. At stake is the FCC’s ability to act as 
the nation’s guardian of Web access providers as the Internet becomes the primary means of communications for the 
nation. The debate has heated since the D.C. Circuit Court of Appeals said last month that the FCC over-reached when it 
applied sanctions in 2008 against Comcast for blocking a peer-to-peer application. The FCC has “ancillary” authority 
over broadband providers such as Comcast, AT&T, and Verizon and must adequately justify actions over those providers.

Genachowski wasn’t chairman of the FCC when it sanctioned Comcast and the company's appeal predates him. In a recent 
speech, he called the court decision brought by Comcast “unfortunate.” Sources at the FCC said staff in the chairman’s 
office is in disagreement but there is also a sense of urgency to resolve the issue as Genachowski is scheduled to 
speak at the annual cable trade industry show by the National Cable & Telecommunications Association (May 11 to May 13).

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