Specifically, Free Press and other net neutrality proponents are pushing the FCC to use its rule-making powers to re-classify broadband as a Title I service, which would allow the commission to regulate it once again. As a D.C. court clarified earlier this month, broadband currently falls under the Title II category as an information service, which prevents the FCC from regulating its providers.
However, that route could prove legally arduous for the FCC, even though the commission's three Democratic members -- including Genachowski -- support net neutrality.
Verizon, AT&T and Comcast, as well as other net neutrality opponents, noted in public comments submitted as part of the FCC's just-completed review that the commission lacks the legal basis to make that switch. At least one company -- Verizon -- has even threatened to fight re-classification efforts in court.
Genachowski has yielded little on how the commission might proceed. But he did stressed during an open meeting in Seattle on Wednesday that the recent, "unfortunate" federal court decision favoring Comcast "has done nothing to weaken my unwavering commitment" to net neutrality.
"Doing so is
crucial for the health of our broadband ecosystem; crucial to the health
of our economy, and our democracy...," Genachowski said.
Unconvinced, Free Press implored Genachowski to take the net neutrality debate into his own hands.
“The FCC chairman must realize that not just the Obama administration’s technology agenda, but the very future of the free and open Internet now rests on his shoulders," Aaron said.