The FCC actually votes on net neutrality

The FCC has been considering net neutrality rules for wired and wireless networks since October 2009. In late August, the FCC issued a notice seeking more comment on the issue, including two of its thorniest aspects: whether and how the rules should be applied to wireless networks, and how to treat "specialized" services.

Net neutrality proponents have said the commission has punted on the issue. Congress was unable to come up with a solution, essentially putting the ball back in the FCC's court. Genachowski proposed in May a "third way" forward on net neutrality that essentially reclassifies broadband from a Title I information service to a Title II common-carrier service, while at the same time forbearing from, or agreeing not to pursue, certain regulations.

Net neutrality advocates have long contended that Genachowski has the votes to pass net neutrality--but whatever the vote Genachowski will anger someone: either the public interest community or the teclo and wireless industry. The issue likely is to define his tenure as chairman.