Speech: A Third-Way Legal Framework For Addressing The Comcast Dilemma
Federal Communications Commission
May 6, 2010
Chairman Genachowski has asked me to describe the legal thinking behind the narrow and tailored approach to broadband communications services that he introduced for public discussion today. It springs from a longstanding consensus about how the FCC should approach Internet access services; from a recent court decision that casts serious doubt on the FCC’s current strategy for implementing that consensus; and from a belief that Congress’s laws and the Supreme Court’s decisions provide a way to overcome this new challenge.