Ever since FCC Chair Genachowski announced his plans to hit the legal reset button and classify some aspect of broadband access service as Title II “telecom” rather than as a Title I “information service,” the little hard core world of policy has been all abuzz about what the FCC might do and how that might work or not work or would have this or that unintended consequence. AT&T’s Bob Quin provides a good example of this sort of analysis here, wherein he concludes that the Genachowski proposal can’t achieve the desired net neutrality rules and therefore analogizes this effort to Pickett’s Charge.  [Additional props to Quin for comparing the effort to something that turned out to be a huge tactical mistake and that the folks executing Pickett's Charge were fighting for a cause most of us in the progressive side oppose (the Confederacy).]

For me, this sort of speculation has much more in common with Fantasy Baseball than with an actual historic event — or what is likely to happen. What we’ve got right now is Genachowski outlining his approach in as close to layman’s terms as possible, and FCC General Counsel Austin Schlick providing an only slightly more detailed legal over view. No one can reasonably expect this to contain the level of detail and nuance of the FCC’s upcoming Notice of Inquiry on Title II and whatever forbearance proposal the FCC actually publishes.  So all us policy wonks digging into the minutia of what we think the FCC might say and how that would or wouldn’t accomplish is a lot of fun. It’s also potentially educational in allowing us to explore  possible issues and develop and hone arguments. But using this collective internet chatter to judge the effective of what the real FCC will actually do in reality, and therefore whether the FCC should take action at all, is as foolish as trying to predict the 2010 World Series from how well my fantasy baseball team performs.

Still, being a hardcore policy wonk, I can’t resist the urge to put my Fantasy FCC team against AT&T’s and the others. So I will give my replies to the most common “why the FCC won’t be able to do what it wants based on what Genachowski and Schlick said,” with the following caveats:

1) This is not written with the precision and nuance of a legal brief.

2) Substantive legal and tech comments, either pro or against, are certainly welcome. I just may not get a chance to respond given how busy things are.

3) The FCC still has an enormous capacity to do this wrong and mess things up. So while they could do it right, and I hope they will (I shall certainly do my best to push them) they could also screw up big time.

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