Despite the positive response received from internet neutrality advocates, the U.S. Federal Communications Commission might find itself in huge legal battle over some loopholes not covered by the new proposition.
Free Press policy director Attorney Matt Wood said the FCC will be facing serious "legal obstacles" in its drive towards regulation of internet service providers.
"Even in the rare case where there is a direct interconnection with an edge provider this is likely private carriage. Such arrangements are negotiated on an individual basis with the broadband provider", Wood said.
FCC Chairman Tom Wheeler recently stated his intention to reclassify internet service providers as common service providers and will be presented into two parts.
First, the ISP's will be treated as common carries in relation to its home internet customers. Second, ISP's will also be treated as common carriers with respect to their business relations with companies that provide services like applications and contents over the internet, according to Ars Technica.
ISPs have already publicly displayed their dismay at the FCC plan. AT&T chairman Randal Stephenson has already said the FCC will face serious legal problems in case it pushes its regulation proposal.
Another concern that might slow down FCC's proposal was raised by the National Association of Regulatory Utility Commissioners (NARUC). The group wants the FCC to finally make a proper decision whether it wants to reclassify Voice over Internet Protocol (VoIP) under Title II.
The FCC has not yet issued a final decision whether to consider VoIP as a common carrier service or not.
The FCC will vote whether to pass the Title II proposal on Feb. 26, according to the LA Times . Whatever the outcome, it will leave a historic mark on the fight to maintain a free and open internet.
Despite the positive response received from internet neutrality advocates, the Federal Communications Commission might find itself in huge legal battle in some loopholes about the new proposition will not be covered.