Rep. Zoe Lofgren, D-Calif., arrives at the House Triangle for a news conference. (Bill Clark/CQ Roll Call File Photo)
California Democrat Zoe Lofgren wrote to Federal Communications Commission Chairman Tom Wheeler on Wednesday, contending that the strongest proposal for net neutrality rules is to both reclassify broadband as a common carrier and implement rules under Section 706 of the 1996 Telecommunications Act.
In the letter, she writes that she’s “unconvinced” that rules to “ensure an open and prosperous Internet” can be established solely under Section 706 authority. She also writes that reclassifying broadband as a common carrier under Title II of the Communications Act “it not without some concern,” contending it should be done narrowly, a point she’s previously asserted.
Of the proposals put forward, there is only one that currently meets the criteria of clear, unambiguous authority, strong rules and measured restraint that has been demanded by the public. That is for the FCC to reclassify broadband Internet access as a title II service, and use a combination of its rulemaking and forbearance authority under section 706 to implement its Open Internet rules.
House Energy and Commerce Committee ranking Democrat Henry A. Waxman, D-Calif., proposed a “hybrid” approach last week that would reclassify broadband under Title II and use Section 706 to adopt rules against blocking, throttling and paid prioritization.