Rep. Greg Walden (R-Ore.) is concerned that the Federal Communications Commission (FCC) will regulate broadband under Title II of the Communications Act if the courts strike down its net-neutrality rules.
The agency had previously considered the more stringent Title II approach last year before ultimately deciding to write net-neutrality regulations using Title I.
The House Communications subcommittee chairman said on an episode of C-Span's "The Communicators" series, released Thursday: "The FCC still keeps open this Title II proceeding so if they lose the court case, there's this GPS locator that says, 'go over here and regulate the Internet as a common carrier using Title II.' We've already got the proceeding open to go down that path. Otherwise, why wouldn't they close that proceeding?"
Verizon and MetroPCS have taken the FCC to court over its regulations.
Observers say it seems unlikely that the FCC would take the Title II route at this point, since Congress overwhelmingly rejected the approach last year. A majority of members spoke up against it.