Leaning Against Regulation

By Brad

In the wake of the FCC’s court loss in its case against Comcast, many tech and policy pundits have asked whether Chairman Julius Genachowski would reclassify broadband as a Title II type service in order to gain the commission the power to regulate ISPs. While Chairman Genachowski has so far remained quiet on the subject, the Washington Post is reporting that he’s currently leaning against reclassification:

Three sources at the agency said Genachowski has not made a final decision but has indicated in recent discussions that he is leaning toward keeping in place the current regulatory framework for broadband services but making some changes that would still bolster the FCC’s chances of overseeing some broadband policies.

The sources said Genachowski thinks “reclassifying” broadband to allow for more regulation would be overly burdensome on carriers and would deter investment. But they said he also thinks the current regulatory framework would lead to constant legal challenges to the FCC’s authority every time it attempted to pursue a broadband policy.