Originally, I believed that the FCC could assure internet openness through a determination of “commercial reasonableness” under Section 706 of the Telecommunications Act of 1996. While a recent court decision seemed to draw a roadmap for using this approach, I became concerned that this relatively new concept might, down the road, be interpreted to mean what is reasonable for commercial interests, not consumers.
That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections.
Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC. These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission.
The average liberal Joe may see this as a major win for net neutrality in the US, but the battle is not yet won. Wheeler's proposal still needs to be voted into approval on February 26th with the help of the rest of the commissioners. And the strength of his proposal has yet to be decided when more details are flushed out over the coming months. And sadly, this does not mean your overpriced, underserviced Internet connection is going to be improving any time soon. There are still going to be monopolistic and duopolistic cable companies running the pipelines, but at least they won't be deciding the content you can access freely. That issue is a whole other beast though.
However, this isn't bad considering Wheeler used to be lobbyist for big cable and wireless. When he took office at the FCC no one expected him to be so bold. Looks like he wanted to be in the spotlight for a change. Bravo!