FCC: It’s my Third-Way or the Highway.

So now that the courts have said that the FCC doesn’t have the authority to regulate the Internet under the Comcast decision, Chairmen Waxman and Rockefeller sent FCC Chairman Julius Genachowski a nice note saying they’re too busy to determine what needs to be done, so Julius should go on ahead without them and give himself the authority to start serving up the net neutrality. Despite telling The Washington Post that they wouldn’t dream of starting in as it would ruin their appetite…

The sources said Genachowski thinks “reclassifying” broadband to allow for more regulation would be overly burdensome on carriers and would deter investment.

…FCC Chairman Genachowski told his chefs to start whipping up a banquet and ring the dinner gong on Thursday. That’s when we all found out (and the WaPo to their great chagrin) that net neutrality was not only back on the menu, but it was the main course.

The ethics of using disinformation aside (although I guess we are technically at war…), the FCC’s new Rube Goldberg plan posing as a “Third Way” to regulate without the express consent of Congress seems like a somewhat obvious power grab to effectuate a pretty specific political end, sound network management and engineering principles be damned.

Who knew this would leave us all longing for the days (and weeks, and months, and years) when the 1996 Telecom Act was worked out, where Congress actually decided what the FCC’s authority was? And not to get too nostalgic, but that was when Congress intentionally excluded broadband Internet access from Title II –- choosing not to travel down the Third-Way highway.

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