UPDATED 08:41 EDT / FEBRUARY 25 2015

Six things I know in advance about the FCC’s Net Neutrality vote

internet hot spot wirelessOn Thursday, the FCC is scheduled to vote — probably over the objection of its two Republican members — on Chairman Tom Wheeler’s plan to regulate the Internet as a common carrier in order to assure openness.

Clearly, the Report and Order will not end things, simply open another phase of battle. The FCC will be criticized by both sides and Congress will hold hearings. It will become another reason to impeach President Obama, I’m sure.

As I write this, the final text appears somewhat in doubt as one of the Democrats of the FCC, Mignon Clyburn, wants some of Chairman Tom Wheeler’s proposals rolled back. This places Wheeler in the position of having to make changes or risk losing the vote.

I suppose this makes it possible the vote will be delayed, though I don’t expect it.

After passage of the new rules, lawsuits will almost certainly be filed, and it’s pretty clear net neutrality will remain an issue for quite some time.

On the eve of the vote, however, I have six predictions that I am pretty sure will be borne out by Friday morning:

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1. The two Republican members will not be successful in delaying Thursday’s vote. With 4 million comments received, what will another 30 days gain us? But Wheeler could potentially postpone for his own reason.

2. I have spent my adult life regulated by the FCC in various ways. One small issues, where it is mostly FCC staff work unmolested by big politics, the FCC generally does a good job. It’s on the big, politically-charged issues where the FCC stumbles. Like this one.

3. It will be a surprise package. The draft Report and Order is over 300 pages in length and only FCC staff and the Commissioners have access to it before the vote. Chairman Wheeler released a summary, but that leaves much we don’t know about. Expect some surprises and no clear victories.

4. Using Title II of the Communications Act to regulate the Internet as a common carrier, has been my favored solution all along. It gives the FCC nearly boundless authority to maintain an open Internet. But, there is also baggage attached that will have to be swept away. It is sad the FCC couldn’t just write new rules without relying on protections afforded by Title II.

5. It is hard to imagine congress successfully taking on this — or any other — issue, although in less contentious times that is where Internet neutrality would end up. I have never been wild about the chance the FCC will properly solve big problems but the chance of congress doing it are even less.

6. It will be a 3-2 vote, along party lines. Then the real fun begins as we realize what we have gotten ourselves into.

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Is this a great nation or what?

photo credit: Palagret via photopin cc

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