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Genachowski suggests Title II will save cash for the FCC

That's because, in his view, altering the framework for broadband regulation would result in fewer court challenges compared to all the possible pushback to commission orders if the FCC tries to move on broadband issues under Title I.

"If the Commission were to alter its legal framework for broadband Internet services, the ensuing court challenge to that change might well be faster and less expensive than the alternative path of litigating the commission's jurisdiction to issue various substantive orders on a case-by-case basis under the current legal framework and the recent Corneast decision," Genachowski writes.

Genachowski proposed changing the legal classification of broadband services after a court decision that appeared to undercut the agency's authority to create rules about how broadband service providers treat Internet traffic.