As the FCC’s vote on Chairman Julius Genachowski’s proposed Open Internet order approaches on Dec 21, Christine E. Goepp of CommLawBlog has written a brief analysis that concludes he and his staff’s options are very narrow, with opposing forces on either side that are unlikely to compromise. Even if Commissioners Copps and Clyburn compromise on Title II and go along, congressional support and judicial validation are a remote prospect.
She concludes:
.. the future of the agency’s regulatory clout looks very different depending on whether it can or can’t regulate IP-based communications. Clearly, the FCC’s practical ability to regulate services that perform telecommunications (Title II) and television (Title III) functions is likely to shrink as these types of services become increasingly delivered over IP connections. The Chairman’s legal staff is working hard to frame a case for delegated authority over ISPs that doesn’t rely on reclassification or Congress; but it doesn’t have a lot to work with.