Is the FCC’s "Third Way" the Right Way on Net Neutrality? Or a Dead End?

Since our last post on net neutrality, the debate has focused on the administrative questions as to who will set the guidelines for internet regulations and how those regulations will be implemented. Since the D.C. Court of Appeals ruled that the FCC did not have the authority to regulate Comcast's network management practices under Title I of the Communications Act, as predicted, the Commission has sought alternative ways to reclassify broadband services in order to extend regulatory authority over ISPs under the Act. Last week, by a 3-2 vote, the FCC moved one step closer to reclassifying broadband to reestablish authority over ISPs. In its meeting, the FCC released a Notice of Inquiry to seek comment on the proposed changes for broadband regulation.