Why the FCC should take the Title II path to net neutrality

Practically speaking, Netflix (NASDAQ: NFLX) chief Reed Hastings believes the Federal Communications Commission will ultimately end up enforcing the new net neutrality rules it develops through merger approval conditions, with the Commission currently vetting deals for three of the largest Internet service providers, Comcast (NASDAQ: CMCSA), Time Warner Cable (NYSE: TWC) and AT&T (NYSE: T). But GigaOM thinks the FCC and its chairman, Tom Wheeler, should use the big stick that no one thinks they have the guts to wield, Title II. Here's the argument, eloquently put forth by legally-trained GigaOM correspondent John Jeff Roberts.

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