In an op-ed published this morning, Federal Communications Commission (FCC) Chairman Tom Wheeler publicly announced that his agency will use Title II of the Communications Act to “implement and enforce open internet protections.”
Title II has long been the favored legal option of net neutrality allies. At the same time, using Title II as legal underpinning for open Internet rules is wildly unpopular among Internet service providers (ISPs). The Chairman’s choice will lead to legal challenge.
The FCC is widely expected to unveil its formal plan today, or tomorrow. A vote will take place on February 26.
The broad outlines of the Chairman’s plan, however, are already clear. In the op-ed, Wheeler notes that his rules will contain
enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband.
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