Schlick Suggests FCC May Not Need to Reclassify

Speaking at a panel discussion over the weekend, Federal Communications Commission general counsel Austin Schlick seemed to suggest that the FCC may not need to apply a so-called "nuclear option" to move on its broadband goals.

"The Comcast [appeals court] case is fascinating in this junction between its headline value and its legal value," he said. "Its headline value is 'is the FCC regulating the Internet?' The actual decision said nothing at all about the FCC's power with respect to Internet access service at Comcast or any other Internet service." The comments are notable because they come as the FCC may be poised to make network neutrality rules without taking using the "nuclear option" of reclassification to shore up its legal authority first.