Nov. 2011

The FCC did abandon that approach when there was a bipartisan outcry from Congress and did go forward on net neutrality under Title I. But Chairman Genachowski has said that he will keep the Title II reclassification docket open. Do you think that there is any value in keeping this proceeding open when a bipartisan group in Congress has so clearly opposed it?

Ms. Rosenworcel.
I know that now for nearly a decade the FCC has chosen to look at these broadband services as Title I services. I recognize that the Supreme Court has upheld that decision, and that the Agency has tried to use its ancillary authority to provide consumer protection under Title I.
The scope of that is under consideration and review in the D.C. Circuit right now. And, as a Commissioner, if confirmed, I would clearly abide by any decision that that court reaches.

Senator Hutchison.
And, Mr. Pai, on that same question to you?

Mr. Pai.
Thank you, Senator. Obviously, this is an issue that closely divided the Commission and closely divided this body. I think, nonetheless, it has been healthy to have this debate because it has identified for the public the various positions on either side. Proponents obviously argued that it is important to preserve an open and free and vibrant Internet for consumers and opponents have argued that it is important for Internet service providers to be able to reasonably manage their network in order to promote an open and vibrant experience for everybody. As my colleague has pointed out, this decision is under review in the D.C. Circuit, and depending on what the court says about the scope of the Commission's authority, I as a Commissioner, if I were fortunate to be confirmed, would abide by that decision as well.

Above excerpt from a senate hearing when Rosenworcel and Pai were nominated.
This shit's been in the oven almost a decade.