Texas opposes FCC reclassification

Texas filed a comment with the Federal Communications Commission (FCC) opposing a plan to boost the commission's authority to regulate Internet service providers.

Comments are due on Thursday in the controversial proceeding, which asks the public to weigh in on how heavily broadband access providers should be regulated after an appeals court ruling in April appeared to undercut FCC power. The FCC will hear from thousands of stakeholders, including, it appears, a certain subset of fifty.

Though the states have largely kept silent on questions around broadband's legal classification, which is defined in the amended 1996 Communications Act, a federal law, a few states have sent their broadband thoughts to Washington.

Ohio filed comments supporting a proposal from the Demcoratic FCC (entitled the "third way" framework). This framework would boost the FCC's power to regulate Internet access providers.

But the lonestar state doesn't see eye-to-eye with Ohio. It said broadband services should not be moved from under "Title I" of the 1996 amended Communications Act to more heavily-regulated "Title II" oversight, as the Democratic FCC has proposed.

Title II rules govern telephone services. In an effort at moderation, FCC Chairman Julius Genachowski has proposed to apply Title II to broadband access providers without imposing all the regulations that apply to telephone service, such as pricing strictures.

Texas "strongly urges the commission not to impose such a heavy-handed approach on a market that has exhibited none of the market failures that led to the creation of Title II."

One of its arguments surrounded concern for the Texas economy.

"In the 21st century, silicon and optical fiber will be to the Texas economy what oil and cotton were in the 20th," said the comments filed by Barry Smitherman, the public utilites commission chairman in Texas. He was appointed by Texas Governor Rick Perry, a Republican.