Since April, the FCC has been struggling with how to react to the Court’s reversal of the Comcast P2P blocking order. Today, Chairman Genachowski announced that he plans to move forward to adopt net neutrality rules at the FCC’s December 21 open meeting. That announcement was met with prompt condemnation from the Republican commissioners and measured support from his fellow Democratic commissioners.
Genachowski’s speech abandons his prior proposal for a "third way" to resolve this issue. His current approach relies upon the same Title I authority that the court of appeals found lacking, although presumably the Chairman intends to provide a better rationale connecting the rules to the Commission’s authority. One issue that should not get lost in the shuffle, however, is that Chairman Genachowski is proposing to adopt enforceable rules that bind broadband providers for the first time. This would replace the 2005 Policy Statement, which, as we’ve pointed out, creates enforcement problems of its own.
Follow the jump below to read the statements released today.
All five Commissioners responded to the inclusion of a net neutrality order on the December 21 agenda. Their statements are available below.
December tentative agenda