With the appellate court decision this week that the Federal Communications Commission doesn’t have the jurisdiction to tell Comcast how to manage it’s ISP service, what’s the next step for the government.
The Washington Post’s Post Tech column says three options are likely: that the FCC will classify broadband as a common carrier service (which is how telephone services are classified), that Congress will specifically give the FCC jurisdiction over broadband, or that the FCC will appeal the ruling.
The article says the most likely option is that the FCC will classify broadband as a common carrrier service: "This seems to be the most likely option, telecom policy insiders say. The process itself isn’t that hard, but the agency would face tough opposition from Internet service providers. The FCC doesn’t need to get public comments or do an inquiry into creating policy out of the idea, analysts say. It would only need three out of the five commissioners to agree to it. Commissioners Michael J. Copps and Mignon Clyburn have already called for the agency to put itself on firmer legal ground. But experts say you can expect industry opponents to push lawmakers to pressure the FCC against such a move, even threatening to pull appropriation."