Federal Communications Commission chairman Julius Genachowski could not get away from the legal authority question yesterday in his testimony before the House Sub-committee on Communications hearing on net neutrality. Mr. Genachowski was asked whether the FCC’s net neutrality rule would be able to withstand a legal challenge. Mr. Genachowski, without hesitation, answered in the affirmative.
His colleague, Robert McDowell answered, also without hesitation, in the negative. Mr. Genachowski’s assessment is based on his legal team’s assurances as well as his interpretation of past precedent.
Fair enough. But with Verizon and MetroPCS’ lawsuits challenging those very rules, a more definitive answer will be forthcoming and hopefully soon enough to save Congress the hassle of coming up with a statute should the decisions go the right way. Ooops. I mean against the FCC.