Mike Snider

USA TODAY

The Federal Communications Commission will begin work on new rules of the road to promote an open Internet.

FCC Chairman Tom Wheeler announced Tuesday that he wants the agency's staff to begin crafting rules that the commission can vote on. Last month, a federal appeals court struck down the FCC's net neutrality rules requiring broadband providers to treat all Internet traffic the same.

Verizon's challenge of those rules, established in 2010 by the FCC, led to the court case. The ramifications for consumers could be considerable. Without regulation, Internet providers give some companies and their content special treatment and also create online "fast" and "slow" lanes. But too much regulation could stymie innovation, critics say.

Concerns about a non-neutral network have heightened recently with Comcast's announced plans to acquire Time Warner Cable, which would create the largest pay-TV and Internet provider. Comcast, in acquiring NBC Universal, however, agreed to non-discriminatory net neutrality rules.

And while there have also been reports that Verizon and Netflix are at odds about the Internet provider wanting the streaming service to pay more for its content to be carried, Verizon said it would abide by open Internet rules after the recent court decision.

With such confusion, Wheeler said that the agency needs new rules to govern its dealings with Internet providers, including the ability to transparently monitor traffic and to prevent the blocking of sites and services from consumers.

"The FCC must stand strongly behind its responsibility to oversee the public interest standard and ensure that the Internet remains open and fair," he said in a statement released Wednesday. "The Internet is and must remain the greatest engine of free expression, innovation, economic growth and opportunity the world has ever known. We must preserve and promote the Internet."

Rather than appeal the court's decision, the FCC should craft rules that build on the court's decision that the agency has legal authority to enforce Internet openness and encourage broadband deployment, Wheeler said.

In the meantime, Wheeler hopes that Internet providers will continue to honor the FCC's original open Internet rules. "That's the right and responsible thing to do, and we take them up on their commitment — which will continue to provide protection for the open Internet until new rules are put in place," he said.

Wheeler's move is much-needed, said Gene Kimmelman, president and CEO of consumer group Public Knowledge. "We are pleased that the FCC plans to protect Internet openness, promote transparency, encourage municipal broadband and achieve other goals," he said.

The Comcast-Time Warner deal, Kimmelman says, "makes it even more important for the commission to move expeditiously to reinstate non-discrimination rules by using all regulatory tools available."

New open Internet rules are expected to be available for the commission to consider by late spring or early summer. The public will be able to comment on those rules, once they are crafted — and before they are voted on. But Wheeler also said the FCC will also begin immediately accepting public comment on how the agency can best proceed in regards to network neutrality.

The process could be painful for the commission, as not all members are on board. "I am deeply concerned by the announcement that the FCC will begin considering new ways to regulate the Internet," said FCC Commissioner Mike O'Rielly in a statement.

If the FCC makes rules, they could eventually be used to regulate services on the Net, not just broadband providers, O'Rielly says. "Instead of fostering investment and innovation through deregulation, the FCC will be devoting its resources to adopting new rules without any evidence that consumers are unable to access the content of their choice."