Check FCC Chairman Genachowski’s list

[Commentary] I wouldn't want to be in Federal Communications Commission Chairman Julius Genachowski’s position as the Dec. 21 deadline for a network neutrality order nears.

It’s an unenviable position as he tries to balance demands for an open Internet with the need for some sort of “prioritization” or “discrimination” for network operators in need of sustainable business models. He knows that his name will be inextricably tied to whatever this order ultimately says and strives to do, and he knows many broadband operators are ready to pounce with lawsuits if regulations go beyond the basics to which they reluctantly agreed (e.g., transparency and arbitrary blocking). He'll no doubt land in federal court whether or not there is a reclassification of broadband as a “Title II” communications service as network operators struggle to manage their networks, and as net-neutrality advocates push for continued openness of both fixed Internet and mobile infrastructures.