Legal issues, timing cloud FCC's net neutrality proposal

Net neutrality, thought by some to be fatally wounded by midterm elections, is alive, well and on the FCC docket Dec. 21 when Chairman Julius Genachowski will again roll out a version of light Title II regulation. The idea was floated earlier this year and may finally be deflated during the waning days of 2010.

"The timing of the proposed rulemaking is particularly worrisome," said Ryan Radia, associate director of technology studies with the Competitive Enterprise Institute. "With a new session of Congress beginning early next month, why doesn't chairman Genachowski hold off on net neutrality until Congress has a chance to re-examine the Commission's statutory authority?"

That authority was challenged--and apparently defeated--by Comcast (Nasdaq: CMCSA) in legal action earlier this year but an FCC official, speaking on background to The New York Times suggested that Genachowski "thinks he's found a way around the court's ruling" via the National Broadband Plan.

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Related articles:
Title II threat spooked cable investors, says Suddenlink's Kent
Net neutrality on agenda for Dec. 21 FCC meeting; spectrum reclamation begins
Genachowski sets Dec. 21 for net neutrality rules vote

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