An appeals court ruled in April that the FCC lacked authority to ensure an open, affordable, and accessible Internet because of a decision it made during the Bush-era to classify broadband as a title I service instead of a title II service- with dire consequences for people of color and the poor.

The “current regulatory framework” for broadband is unacceptable for people of color and the poor. It removes the authority of the FCC to close the digital divide and provide an accessible, open, and affordable broadband. The FCC undercut its own authority over the Internet by classifying broadband as a Title I “information service” rather than a Title II “telecommunications service.”

The Obama FCC can now fix this bad history by simply reclasifying broadband. According to the Washington Post, however, Genachowski intends to do nothing.

To close the digital divide, Chairman Genachowski must reclassify broadband as a title II service. Without new authority, the FCC can’t carry out the most important aspects of the National Broadband Plan. It also can’t protect the open Internet, one of the top items on the Obama administration’s technology agenda. Contact FCC Chairman Julius Genachowski at 202-418-1000 or [email protected], and Commissioner Mignon Clyburn at 202-418-2100 or [email protected], and urge them to reclassify broadband as a Title II service.


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