Ohio supports FCC's 'Third Way'

In a rare commentary from the states on broadband reclassification, Ohio said it supports a "third way" proposal by the Federal Communications Commission (FCC) to clarify the rules around broadband services after an appeals court decision thrust the previous regulatory framework into question in April.

"The Ohio commission favors the FCC adopting a 'light touch' or minimal oversight approach regarding the reclassification of broadband services as a telecommunications service," it said in a document filed to the FCC on Wednesday by the state's attorney general, Richard Cordray, a Democrat.

Ohio "conceptually supports a 'Third Way' type approach to the classification of broadband service," the filing said.

The statement is a rare show of state support for FCC Chairman Julius Genachowski's controversial proposal to change the regulatory status of broadband services. The states have largely kept silent on reclassification. The statute at issue, the amended 1996 Communications Act, is a federal law.

The public utilities commission of Ohio said no matter which broadband oversight approach is eventually adopted, the framework will be contested in court.

It added that it agrees with major Internet service providers that the commission already has the authority to act on its plan to reform its "universal service" fund. The possibility that the FCC lacks this authority has been cited by the commission and some public interest advocates as a reason for reclassifying broadband.

"The Ohio Commission agrees with AT&T’s assessment that the FCC, in all probability, has the authority to provide Universal Service Fund (USF) support for broadband Internet service under its current classification of broadband service as a Title I information service by way of Sections 254 and 214 of the Telecommunications Act of 1996," the filing said.

It added that it believes Congress should act to clarify broadband rules, but that in the absence of congressional action, Genachowski's "Third Way" plan seems best.