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The court ruling also undermines the FCC's ability to act on several key recommendations in its national broadband plan
-- another top priority for Genachowski -- including a proposal to expand high-speed Internet access by tapping the federal program that subsidizes phone service in poor and rural areas. Genachowski says his new regulatory framework would allow the FCC to move ahead on both fronts by placing broadband connections firmly within the agency's jurisdiction as a telecommunications service. At the same time, he has pledged to impose only narrow telecom rules on broadband providers, avoiding burdensome mandates such as rate regulations and network-sharing obligations. He has also stressed that his approach would not impose regulations on Internet content and services. In outlining his proposal last month, Genachowski called it a "third way" that respects "investment and innovation" and protects consumers and Internet competition. Thursday's vote will launch a proceeding to examine: Genachowski's
proposal. The implications of leaving the existing regulatory framework
in place. The implications of imposing the full array of traditional telecommunications regulations on broadband providers. If the FCC ultimately adopts Genachowski's plan, it will almost certainly draw legal challenges from phone and cable companies that fear any shift away from the current deregulatory approach adopted under the Bush administration. That approach was upheld by the Supreme Court in 2005 and a battle over any attempt to overturn it could go all the way back to the high court.
[Associated
Press;
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