On May 6, 2010, the Federal Communications Commission’s (“FCC”) Chairman announced his intent to regulate broadband internet access. Under the plan, referred to as the “Third Way” because it falls between unregulated Title I and fully regulated Title II regimes, the Commission would:

- Treat the transmission component of broadband access service as a telecommunications service subject to Title II regulation

- Apply by consensus only specific Title II provisions

- Simultaneously forbear from particular sections of the Communications Act that the FCC deems inapplicable to broadband; and

- Put in place boundaries to guard against regulatory overreaching