FCC asks for comment on net-neutrality sticking points

Genachowski called the two issues “complex.”

“Even a proposal that accepts enforceable rules can be flawed in its
specifics and risk undermining the fundamental goal of preserving the
open Internet,” he said. 

A rulemaking proceeding that the FCC launched almost a year ago also raised questions about managed services and wireless Internet. The public notice says the effort has “narrowed” disagreements on the topic.

“We have made progress over the last year — but we still have work to do. Today, we take the next step,” Genachowski said.

He cited “recent events” as highlighting questions in these two areas.

Google and Verizon released a policy proposal last month exempting wireless traffic and managed services from the strictest rules, setting off criticism from net-neutrality supporters who say those exemptions are too broad.

Meanwhile, stakeholders in talks with the Information Technology Industry Council (ITI), including Verizon, AT&T, Skype, Microsoft and NCTA, are reportedly looking for ways to get past their disagreements on these topics.

Companies also met in FCC-led talks earlier over the summer, ending their sessions in August without a deal. 

The FCC attempt to make rules limiting how Internet service providers can control the traffic on their networks took a hit in April when an appeals court decision raised questions about the breadth of FCC authority. In response, the FCC is considering a proceeding that would heighten its authority over broadband providers by reclassifying them under “Title II” of the amended 1934 Communications Act.

Broadband providers see that as a nuclear option and have sought to negotiate on net neutrality as a way to stave off that possibility. Reclassification could be a thorny path for FCC, too, since analysts say boosting regulations is politically risky before the midterms. The proposal has also received ample pushback from bipartisan members of Congress.

A senior FCC official said on Wednesday the agency is still considering the reclassification route, however.
 
“All options remain on the table,” the official said. “The FCC staff is busy reviewing and analyzing an extensive record of more than 50,000 comments in the broadband framework proceeding, which only closed a few weeks ago. Securing a solid legal foundation for broadband policy is too important an issue to rush.”