FCC’s Genachowski Tells Congress He Will Consider Closing Title II Docket

Federal Communications Commission Chairman Julius Genachowski told the House Communications Subcommittee he would consider closing the Title II docket which proposed to reclassify Internet access service as a telecommunications service subject common carrier regulations.

Internet service providers had termed that the nuclear option and the FCC ultimately struck compromise on network neutrality rules that avoided dropping that bomb by relying on Title I authority. But it did not close the Title II docket. Republicans have expressed concern that if the FCC loses a court challenge to its Title I-based compromise network neutrality rules, it could move quickly to assert Title II authority. At a budget oversight hearing, Subcommittee Chairman Greg Walden (R-OR) asked him to close it and Chairman Genachowski said he would at least consider it. Chairman Walden pointed out the docket had been open since 2009 -- the compromise rules were approved in Dec. 2010.

"Why is it still open," he asked, tying it to the budget by also asking how many employees were currently working on the docket. Chairman Genachowski said he was not aware of any employees working on the docket. "Why not close it," asked Chairman Walden. "It is something that we will consider,” Chairman Genachowski answered. “We have been focused on USF." Chairman Walden cut him off saying: "You're here, we can consider it now." Chairman Genachowski said it was "something I will discuss with my staff."