FCC Chairman Tom Wheeler.

Computer History Museum

It won’t be a surprise if the Federal Communications Commission gets sued when it issues net neutrality rules. In fact, FCC Chairman Tom Wheeler expects it.
Since November 10, when President Obama called on the FCC to reclassify Internet service as a utility and impose strict net neutrality rules, the FCC has been urged to act quickly. But it appears the commission won’t issue final rules before the end of 2014. When reporters today asked Wheeler when he’ll act, he said he’s taking his time because he wants to make sure the commission’s net neutrality rules aren’t overturned in court.
“We are going to be sued,” he said in a Q&A after the FCC’s monthly meeting. “That’s the history. Every time in this whole discussion anytime the commission has moved to do something, one of the big dogs has gone to sue… We don’t want to ignore history. We want to come out with good rules that accomplish what we need to accomplish, an open Internet, no blocking, no throttling, no fast lanes, no discrimination, and we want those rules to be in place after a court decision. So we want to be sure we’re thoughtful in the way in which we structure them and we’re thoughtful in the way we present what will ultimately be presented to a court.”
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