CNET– The Federal Communications Commission’s plan to impose Net neutrality
regulations just became much more difficult to pull off.
A bipartisan group of politicians on Monday told FCC Chairman Julius Genachowski, in no uncertain terms, to abandon his plans to impose controversial new rules on broadband providers until the U.S. Congress changes the law.
Seventy-four House Democrats sent Genachowski, an Obama appointee and fellow Democrat, a letter saying his ideas will “jeopardize jobs” and “should not be done without additional direction from Congress.”
A separate letter from 37 Senate Republicans, also sent Monday, was more pointed. It accused Genachowski of pushing “heavy-handed 19th century regulations” that are “inconceivable” as well as illegal.
This amounts to approximately the last thing that any FCC chairman, at least one concerned with his future political prospects, wants to happen on his watch. Not only do Monday’s letters inject a new element of uncertainty into whether the FCC will try to repurpose analog telephone-era rules to target broadband providers, but they also sharply increase the likelihood of the process taking not many months but many years.
“Questions about the FCC’s legal authority should be decided by the Congress itself, and not by applying to the Internet a set of onerous rules designed for a different technology, a different situation, and a different era,” AT&T’s senior vice president for legislative affairs, Jim Cicconi, said Monday.
Last month, a federal appeals court unanimously ruled that the FCC’s attempt to slap Net neutrality regulations on Internet providers–in a case that grew out of Comcast throttling BitTorrent transfers–was not authorized by Congress. The opinion called the FCC’s claims “flatly inconsistent” with the law.
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