At the National Journal, David Hatch reports that FCC Chairman Julius Genachowski may be considering a new direction for proposed regulations on broadband providers:
There has been chatter, however, over what could be called a “Fourth Way,” a face-saving option that Genachowski could pursue even if the GOP retakes one or both chambers. Under this alternative, the FCC would find a workaround to wield its broadband authority under Title I. To give Congress a chance to weigh in, the commission could either implement the new rules on a delayed basis or write them to sunset in two years.
“The industry would view favorably an interim approach limited in time under Title I,” said Walter McCormick, president and CEO of the U.S. Telecom Association. “Such a commission approach would be legally supportable,” he insisted.
According to the story, Commissioner Mignon Clyburn — a strong supporter for regulating providers under Title II — is open to this idea, while Commissioner Michael Copps is not.