WASHINGTON — Federal regulators are reconsidering the rules that govern high-speed Internet connections — wading into a bitter policy dispute that could be tied up in Congress and the courts for years.
Over the objections of the agency’s two Republican commissioners, the Federal Communications Commission voted Thursday to begin taking public comments on three paths for regulating broadband. That includes a proposal by FCC Chairman Julius Genachowski, a Democrat, to define broadband access as a telecommunications service subject to “common carrier” obligations to treat all traffic equally.
Genachowski’s proposal is a response to a federal appeals court ruling that cast doubt on the agency’s authority over broadband under its existing regulatory framework.
The chairman’s plan has the backing of many big Internet companies, which say it would ensure the FCC can prevent phone and cable companies from using their control over broadband connections to determine what subscribers can do online.
“There is a real urgency to this because right now there are no rules of the road to protect consumers from even the most egregious discriminatory behavior by telephone and cable companies,” said Markham Erickson, executive director of the Open Internet Coalition, which includes Google Inc., eBay Inc., Inc. and online-calling service Skype Ltd.
Genachowski’s plan faces resistance from the broadband providers themselves, including AT&T Inc. and Verizon Communications Inc.
They say it opens the door to onerous and outdated regulations that would discourage them from upgrading their networks.
“This FCC proposal could call into question the business assumptions underlying multibillion-dollar broadband investments,” said Howard Waltzman, a former Republican staffer on the House Commerce Committee who is representing telephone companies as a partner with Mayer Brown LLP.
Many Republicans and some Democrats on Capitol Hill also oppose Genachowski’s plan. At least one House Republican, Rep. John Culberson of Texas, has proposed blocking funding for the FCC if it pursues the plan.
