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That suggests he may be more inclined than ever to apply Title II to broadband, analysts say.
On Tuesday, industry associations representing smaller telecom companies and start-ups asked the FCC to apply Title II of the Communications Act to Internet providers.
He says he will also look at proposals from Tim Wu, a Columbia Law School professor who coined the term net neutrality, the Mozilla Foundation and others that would essentially apply Title II only to the interplay between ISPs and content providers.None of this will solve American broadband's most pressing problem: a near-total lack of competition.
Now, analysts and policy experts from both sides of the net neutrality debate largely agree that Wheeler will seek to apply Title II to Internet providers after all, more than a year after a federal court tossed out the FCC's previous net neutrality rules.
In January, a federal court struck down the agency's existing net neutrality rules, saying that it had tried to apply Title II-style regulation on businesses that the FCC had previously said were classified under Title I. FCC chairman Tom Wheeler read the opinion as an "invitation" to wield another Title I authority — known as Section 706 — more strongly.
The FCC chairman has publicly acknowledged that lengthy, and most likely messy, litigation will follow any action the agency takes to apply Title II to the Internet.
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Applying Title IX to science was proposed eight years ago by Debra Rolison, a chemist at the Naval Research Laboratory.
The extra expense alone makes applying Title II to ISPs a more sensitive undertaking.
Contrary to John Tierney's assertion in "A New Frontier for Title IX: Science" (Findings, July 15), applying Title IX to science is not new.
Fred Campbell, former head of wireless communications at the FCC and now executive director of free market tech group Center for Boundless Innovation in Technology said applying Title II to the internet would create "legal uncertainty at home and encourage the efforts of totalitarian regimes abroad to tighten their control over the internet – the 21st Century's mass media communications system".
And the Supreme Court has noted, in applying Title VII, the federal anti-discrimination law, that sexual-harassment law is not a "general civility code" for the workplace much uncivil conduct, even of a sexual nature, does not rise to the legal threshold for sexual harassment.
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