FCC Enforcement Bureau: Title II, Wireless Net Regulations Definitely On Table

Federal Communications Commission Chairman Tom Wheeler that he is seeking dialog and thoughtful exchanges "so that we can search for the equities in [network neutrality]." He said the challenge in coming up with new Open Internet rules is to discover solutions that represent the multiplicity of interests and "legitimate positions" surrounding network neutrality.

FCC Enforcement Bureau Chief Travis LeBlanc said in no uncertain terms that Title II reclassification of Internet access service and applying new network neutrality rules are still definitely potential outcomes of any new Open Internet order and folks pondering rule enforcement scenarios need to figure them into the equation. Although he reminded the audience that the session was on enforcement issues, not the underlying policy, he still said he wanted to remind the panelists and "and those who are listening near and far" about what he called two central issues before the FCC in the Open Internet rulemaking. "The first of those is whether to reclassify broadband Internet access services as telecommunications services under Title II of the Communications Act, or whether to rely on other sources of legal authority, such as Sec. 706 of the Communications Act."

Net neutrality stakeholders did not appear to be drawing new territorial boundaries around their positions on new open internet. Those boiled down to: Title II is a must vs. Title II is a bust.