FCC chairman tom wheeler has said he is not opposed to Congress providing more guidance on the FCC's authority to enforce open Internet rules. Now is a good time for Congress to take him up on the offer. The FCC's decision to reclassify Internet access service as a common carrier under Title Ⅱ regs, undoubtedly fueled by the laudable ends of openness and innovation, has led to a flurry of lawsuits that will tie up the issue for years and likely land it in the Supreme Court. At stake is what authority the FCC has to regulate access in service of openness. The clearest answer to this has to come from Congress. There needs to be bipartisan support for a bill that would prevent the blocking and degrading of content, stop paid prioritization and avoid the nuclear option of Title Ⅱ.
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