The three options for the future of net neutrality

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[Commentary] Here are the three paths Federal Communications Commission Chairman Tom Wheeler is most likely to decide among.

  1. Weak net neutrality: Wheeler's original proposal, which he unveiled in May, is designed to get network neutrality rules in place as quickly as possible with a minimum of controversy. In May, this proposal seemed like the most likely outcome. But since then, Chairman Wheeler has faced intense pressure -- from liberal activists, Internet companies, and the President himself -- to take a stronger stance. He may also be facing pressure from his fellow Democratic FCC commissioners, whose support he will need to get his proposal approved. At this point, most insiders think Chairman Wheeler will adopt a stronger version of network neutrality than the one he proposed in May.
  2. Strong network neutrality with reclassification: This approach, which is favored by President Obama and many network neutrality supporters, would use a controversial legal maneuver to gain broader regulatory authority for the FCC. The president's endorsement of this approach made it seem more likely, but Chairman Wheeler isn't sold yet. The FCC is an independent agency, and Chairman Wheeler may resent President Obama trying to tell him what to do. On the other hand, Chairman Wheeler needs the support of the other two Democrats on the commission to get network neutrality rules approved. They are believed to be stronger network neutrality supporters than Chairman Wheeler is, and they may be able to force Wheeler's hand.
  3. The "hybrid" approach: This approach would use a creative legal theory to chart a middle course between full reclassification and the incremental approach Chairman Wheeler unveiled back in May. This hybrid approach is being actively studied inside the FCC, and it might serve Wheeler's objectives better than the alternatives. It could give Wheeler the authority he wants, while antagonizing Republicans and telecom companies less than full reclassification. So it might be the most likely of the three options.

The three options for the future of net neutrality