FCC Chairman Julius Genachowski may lack a way to avoid reclassifying broadband while still nrequiring net neutrality, said numerous commission and industry officials not involved in ninternal deliberations on Comcast v. FCC. Losing the case at the U.S. Appeals Court for the nD.C. Circuit on statutory grounds Tuesday leaves Genachowski with few choices that appear npalatable to him, they said. One likely outcome if the FCC doesn’t appeal is deeming nbroadband a common carrier and not an information service. Genachowski seems to prefer nnot reclassifying broadband but remains intent on achieving net neutrality. The offices of the nchairman and FCC general counsel are taking the lead on internal deliberations on how to nproceed after the D.C. Circuit loss, commission officials said. Some aides to Genachowski nappear to think reclassification is the best option, though the chairman hasn’t made up his nmind or even indicated which way he’s leaning, commission and industry officials said. If the nFCC deems broadband a Title II service, there likely would be heavy forbearance from nregulations associated with common carriers, some of them said. A Media Bureau nspokeswoman declined to comment.
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