Genachowski says the 'third way' approach would give the FCC the authority it needs to protect consumers. FCC moves toward Internet regulation

The Federal Communications Commission voted Thursday to begin the process of developing a new regulatory framework to govern Internet services — despite vocal protests from some members of Congress.

With a 3-2 vote, the agency decided to move forward in gathering information about Chairman Julius Genachowski’s proposed “third way” approach, which he describes as a “light touch” policy that would apply to broadband networks some, but not all, of the rules that govern traditional phone lines.


While the Republican members of the FCC voted against proceeding, the commission is likely to apply some new rules to broadband services to ensure it has clear-cut authority over Internet connections. Doing so would allow Genachowski to move forward on Net neutrality regulations, which would require Internet service providers to treat all traffic equally on their networks.

Genachowski said the “third way” approach would give the FCC the authority it needs to protect consumers without applying burdensome regulations to networks that have long been untouched by government rules.

However, Republican Commissioners Robert McDowell and Meredith Attwell Baker said Genachowski’s effort to reclassify broadband services is unnecessary and would need formal legislation in order to hold up in court.

“We are not Congress,” McDowell said.

Michael Copps, the senior Democrat on the panel, said the FCC needs to “reclaim our authority” over an industry that consumers increasingly rely on for every aspect of daily life.

“Anyone who thinks Congress envisioned deploying the new communications technologies and services of the digital age without the safeguards that generations of consumers and consumer advocates fought for and won has missed the meaning of the law and the intent of our elected representatives,” he said.

But just as the commission voted to begin exploring a new framework, lawmakers continued to trade barbs over the FCC’s way forward — signaling the fight that could await the agency as it seeks an update to the 1996 Communications Act that governs it.

Thirty-two House members, led by Rep. Jay Inslee (D-Wash.), praised Genachowski’s “third way” in a letter to the commission Thursday. Sens. John Kerry (D-Mass.) and Ron Wyden (D-Ore.) soon followed suit in their own joint statement after the vote, promising to explore the issue further in Congress. That show of support followed a separate, equally supportive missive sent Wednesday by Reps. Ed Markey (D-Mass.), Anna Eshoo (D-Calif.), Mike Doyle (D-Pa.) and Doris Matsui (D-Calif.) — all members of the House Subcommittee on Communications, Technology and the Internet.

But that subcommittee’s former chairman, Rep. Fred Upton (R-Mich.), held nothing back in his own Wednesday letter that thrashed the FCC leader. "Despite overwhelming opposition within a Congress that possesses the actual authority that the FCC covets, the commission now inexplicably appears poised on Thursday to take another misguided leap towards its investment-suffocating attempt to regulate broadband providers as common carriers,” he wrote.

Upton’s warnings arrived a month or so after about half the entire House penned letters to air doubts about the FCC’s plans to reclassify broadband using its own rule-making procedures. Many have since asked the agency to stand down and await lawmakers’ legislative fix.

Responding to those concerns, Genachowski told reporters after the Thursday vote: "There's no question the Communications Act gives us authority, and there's no question the act could be improved.” He later pledged to work with congressional leaders to revamp the sweeping law.

Thursday’s vote also drew immediate disapproval from Verizon, which has long attacked the FCC’s plans to reclassify as a threat to innovation.

“Reclassifying high-speed broadband Internet service as a telecom service is a terrible idea. The negative consequences for online users and the Internet ecosystem would be severe and have ramifications for decades,” Tom Tauke, Verizon’s executive vice president for public affairs, said in a statement.

“It is difficult to understand why the FCC continues to consider this option,” he continued, while also pledging to work with Congress and the FCC in the coming months.

But supporters quickly heralded the agency’s vote Thursday, stressing it could pave the way for the consumer protection and Net neutrality rules that have long been staple agenda items for the FCC.

“The commission’s simple, uncomplicated action today makes certain that the expert agency in telecommunications has the authority to carry out its mission,” said Gigi Sohn, president and co-founder of Public Knowledge.

“FCC Chairman Julius Genachowski, Commissioners Michael Copps and Mignon Clyburn today demonstrated they are dedicated to following through on their grand goals and conservative policies, which will ultimately lead to a more vibrant economy,” she added. “They deserve our thanks and our support.”