Following the Court of Appeals ruling against its net neutrality order, the FCC is facing an existential challenge, says Tim Wu in an interview with the Washington Post.
What could the FCC have done differently?
The obvious alternative would have been to do what the FCC should have done and — in the future tense — now should do, which is to reclassify broadband under Title II authority.
Other observers seem to think that’ll be hard to do, politically.
There’s an effort to define it that way by the carriers, and to get people in Congress excited about that. But if the FCC doesn’t try, as an agency it’ll basically be left to allocating spectrum. Striking down the anti-blocking rule forces the agency’s hands, despite it being a politically challenging proposition.