FCC Will Try to Apply Some Title II Rules to Broadband Access

Federal Communications Commission Chairman Julius Genachowski reportedly has decided to attempt Title II regulation of broadband access services, according to a report by the Wall Street Journal, despite some other reports that he was leaning against such rules.

We should know more on Thursday, May 6. Apparently the FCC will try to thread a camel through a needle, regulating only some parts of  broadband access using Title II rules, without applying every Title II provision that applies to voice services.

It does not appear the chairman will propose new wholesale access rules, but it isn't clear whether strict rules about packet non-discrimination will be sought, theoretically barring quality-of-service features from being offered. That seems unlikely, but much will depend on whether industry participants think the actual new rules open the way for further rules, down the road, that would be highly unacceptable, even if the new immediate rules are not viewed as burdensome. We shall see.