GOP commissioner sees Title II as back door for net neutrality

Reiterating her view that government-issued open Internet rules are not necessary at all, she pointed to the announcement Wednesday that major companies have decided to form a technical advisory group as evidence the Federal Communications Commission does not need to intervene to create net neutrality regulations. 

She called the group “a significant first step towards a viable self-governance model” to address net neutrality. 

Arguing that the FCC has enough power under Title I of the Act, she said courts may be likely to reject Genachowski’s move and that it creates regulatory uncertainty. 

“This lingering uncertainty is significant because it closes checkbooks just as the National Broadband Plan highlighted the need for billions of additional investment in broadband networks,” she said. 

All the commissioners will get to vote on Genachowski’s plan, but it is almost certain to pass on the votes of the three Democratic commissions over two detractions by Republicans commissioners.