TV-over-Internet company Aereo, shut down this summer by a Supreme Court decision, may still pull victory from the jaws of defeat. As was rumored last month, the FCC may be its savior.

FCC Chairman Tom Wheeler published a blog post today saying that Aereo, and other "linear channels" of online programming, should be allowed to negotiate for programming just like cable companies. Just like satellite companies needed regulatory change in order to be allowed to compete in 1992, Internet video providers should be able to negotiate on the same terms, he wrote.

While Wheeler writes that "Aereo visited the commission to make exactly this point," he emphasizes that this isn't a rule that would be for just one company. Dish, Sony, Verizon, and DirecTV have all showed interest in offering preprogrammed content online, he noted; CBS and HBO, which recently announced it would offer online-only service, may well join in. Wheeler wrote, in part:

I am asking the Commission to start a rulemaking proceeding in which we would modernize our interpretation of the term “multichannel video programming distributor” (MVPD) so that it is technology-neutral. Twenty-first century consumers shouldn’t be shackled to rules that only recognize 20th century technology. In Title VI of the Communications Act, Congress created rules to ensure that cable companies that own video content can’t raise artificial barriers to competition by refusing to let their video competitors have access to the programming they own. That worked for satellite providers, and also helped telephone companies entering the video business. I believe it makes just as much sense – and will have just as positive a consumer benefit – for an OTT [over-the-top video provider]. Such benefits follow from innovation. Taking advantage of this rule, new OTTs may offer smaller or specialized packages of video programming, so consumers will be able to mix-and-match to suit their tastes.

Wheeler also suggested that giving Internet companies access to content "locked up" on cable networks could stimulate the growth of competition in high-speed broadband, which has stagnated.

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Aereo was found to be violating the TV broadcasters' copyrights by making a "public performance" of their work. After the decision, Aereo pivoted its strategy and said it should be considered a cable company, with the same rights and obligations.

However, at least one federal judge hasn't smiled upon that argument. The federal judiciary saw Aereo as a cable company when it was time to consider copyright infringement—but not when Aereo asked for the same statutory license that cable companies receive by law.

If the full commission agrees to something like the rule that Wheeler is proposing, it would be a huge win for Aereo. The company pursued a strategy of renting tiny antennas to individual consumers as a way to skirt copyright law, but that didn't work—now, it won't be necessary.

Without the threat of a shutdown on copyright grounds, Aereo would also be in a stronger position to expand into offerings that aren't strictly over-the-air, adding together cable-owned and broadcast content.

Aereo isn't the first TV-over-Internet company to ask to play by the same rules as cable. A few years ago, a Seattle startup called ivi TV tried to offer TV and DVR services online. But with no FCC support, ivi was left to fight it out with broadcasters in court, where it lost.

In a statement posted on Facebook, Aereo CEO Chet Kanojia hailed the move, saying it would provide "much-needed clarity" for video providers like Aereo.

“This is an important step in the right direction for consumers" that will create a "stronger, more competitive television landscape," he wrote. "The way people consume television is rapidly changing and our laws and regulations have not kept pace. By clarifying these rules, the FCC is taking a real and meaningful step forward for competition in the video market. The FCC recognizes that when competition flourishes, consumers win."

The National Association of Broadcasters, no great friend of Aereo, put out a statement saying it would support services that "legally deliver local TV content to consumers where and when they want it." The group added, "We look forward to engaging with the FCC to ensure that this new competition enhances rather than undermines localism."

The proposed FCC rule would only apply to "linear" services, which offer some kind of preprogrammed content, not on-demand video services like Netflix that don't offer scheduled programs.

Correction: An earlier version of this story incorrectly stated that the FCC action would make Aereo covered under the compulsory license. Aereo would need either an act by Congress or a win in court to be covered under the license.