NCTA: No Justification for Title II

The National Cable & Telecommunications Association told the Federal Communications Commission that while it could live with new network neutrality rules, it could not do so if they were tied to Title II classification of Internet access.

NCTA blogged as much, but made it official with a filing to the FCC that did not bury the lead.

"[T]he existing transparency rules provide a strong foundation for promoting Open Internet principles, and, to the extent the Commission determines that additional safeguards are necessary, the Verizon decision provides ample leeway to adopt such measures pursuant to Section 706 of the Telecommunications Act," NCTA wrote. "In light of that recently confirmed authority, it is wholly unnecessary to pursue a Title II reclassification theory. It also would be immensely destabilizing."

For one thing, that is because Title II would land the new rules in court, NCTA made clear. "At a minimum, pursuing Title II reclassification would plunge the broadband industry into a lengthy period of uncertainty while a new round of appellate proceedings ran its course -- a process that can be easily avoided by relying on the roadmap provided by the Verizon court." NCTA has said it would be at the table to help draft supportable net neutrality rules, as it was the first time. In both instances, a main goal is to avoid the "nuclear option" of Title II.