FCC Chairman Tom Wheeler: This Is How We Will Ensure Net Neutrality | WIRED: Originally, I believed that the FCC could assure internet openness through a determination of “commercial reasonableness” under Section 706 of the Telecommunications Act of 1996. While a recent court decision seemed to draw a roadmap for using this approach, I became concerned that this relatively new concept might, down the road, be interpreted to mean what is reasonable for commercial interests, not consumers.
That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections.