In a speech today the FCC chairman Tom Wheeler said he “intends to fight” the court ruling that on Tuesday gutted most of the FCC’s Open Internet Order governing network neutrality. Speaking at a Washington DC event he said, “Using our authority we will re-address the concepts in the open Internet order, as the court invited, to encourage growth and innovation and enforce against abuse.” So now the question is will he reclassify broadband as a Title II service or rely on the 706 clause in the Telecommunications Act? And will he do this via a formal proceeding or on a case by case basis that he had formerly preached?

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