[NYTimes] F.C.C. Seeks a New Path on ‘Net Neutrality’ Rules

Regulators are taking another crack at their effort to keep the web free and open, introducing new rules that would discourage Internet service providers from charging companies to stream their movies, music and other content through a faster express lane. [...]

In a strictly legal sense, the [Federal Communications Commission] F.C.C. will cite another part of the law — Section 706 of the Communications Act — for its authority. Some of the rules would also be enforced case-by-case, avoiding a “bright line” regulation that the court said was so strict that it treated broadband companies like regulated telephone service.

In taking advantage of the ruling, the F.C.C. will not seek to immediately reclassify Internet service as a telecommunications service, subject to rate regulation and other oversight. Mr. Wheeler said that the commission would retain the right to do so, however, if its new rules were approved and did not appear to be working adequately. [...]