Title II is not the answer

Earlier this week, Verizon sent a letter to Chairman Leahy explaining that the FCC can use its authority under 706 to implement enforceable net neutrality rules, including a ban on forms of “paid prioritization” that the FCC finds likely to harm competition or consumers. The letter also explains that an approach based on 706 does not pose significant legal risk because all major providers and trade associations have acknowledged the FCC has that authority, making any move to Title II gratuitous.

Today, we filed a white paper with the FCC in the current Open Internet proceeding that explains clearly and in great detail why the FCC cannot, in fact, use Title II as the legal basis for its authority to regulate broadband, especially mobile broadband services, including any of the so-called “hybrid” Title II approaches, and why those approaches would be unlikely to stand up in court.

For those who wish to see the FCC adopt enforceable net neutrality rules that will survive legal challenge, Title II is not the answer.