Federal Communications Commission Chairman Tom Wheeler is
previewing the aftermath of whatever eventual net neutrality decision the FCC ends up making: law suits.
"Let's make sure that we understand what is going on here. The big dogs are going to sue regardless of what comes out," Wheeler said.
"We need to make sure that we have sustainable rules, and that starts with making sure that we have addressed the multiplicity of issues that come along and are likely to be raised," he added.
He's right, but it's not really news. As TechCrunch
points out, at least two ISPs have promised suits. In fact, it's a lawsuit from Verizon that has put net neutrality back in the headlines. Verizon challenged the FCC's
2010 Open Internet Order, arguing that the FCC didn't have the authority it was claiming to prevent ISPs from blocking and discriminating against content.
It's the decision in the Verizon case, though, that should convince Wheeler that reclassifying internet access as a telecommunication service rather than an information service would give the FCC the best ammunition to fight off those upcoming legal challenges: reclassification. The D.C. Circuit Court agreed that the FCC should be regulating ISPs to preserve net neutrality, and essentially said in its decision that the clearly legal way for it to do it would be to treat internet access like a telecommunications service. Reclassify it. It really couldn't be clearer.
If Wheeler is worried about winning a lawsuit over net neutrality, the courts have already told him what to do.
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