The FCC decided to extend its comment period for the pending Net Neutrality NPRM for a couple of weeks to allow time to develop responses and comments that reflect the recent decision of the D.C. Court of Appeals. The move may benefit the FCC even more than those with remarks or suggestions, because much of the FCC’s authority to implement any of the measures it describes would likely come from sources the appeals court rejected in the Comcast case.
We don’t think FCC Chairman Genachowski will fold and pull the process. He can delay in the transition from the NPRM stage (where it is now) to the rulemaking phase for as long as he likes. The FCC could also introduce another NPRM, this one suggesting that broadband be classified as a telecommunications service. Or it might use comment from the public to “validate” that idea.