All eyes are on Federal Communications Commission Chariman Tom Wheeler, as he is expected to release his plan for how to respond to the court decision stripping, at least temporarily, the FCC's ability to enforce its Open Internet Rules (the commission's version of Net Neutrality).

Media, telecom companies, and lawmakers on all sides are all gearing up for the next stage in the Net Neutrality fight, but first the FCC has to announce how it will proceed, now that a U.S. Appeals Court sided with Verizon in Jan., saying the FCC's Open Internet rules don't apply to internet service providers (ISPs). The ruling said that ISPs were defined by the FCC as "information services," a kind of business that cannot be regulated the way public utilities are. But it also left open the option for the FCC to redefine ISPs -- and thus its own authority to enforce the Open Internet rules.

Wheeler's Initial Reaction

Wheeler has publically mentioned fighting for Net Neutrality, but has been rather cautious about the specifics of how he plans to do it. Perhaps the most straightforward statement from Wheeler came at his appearance at the Minority Media and Telecommunications Council soon after the appeals court decision, saying, "The court invited the commission to act, and I intend to accept that invitation. ... Using our authority, we will readdress the concepts in the Open Internet Order, as the court invited, to encourage growth and innovation and enforce against abuse."

Later in his speech to the council, which fights for minority rights in mass media -- a cause that several Latino advocacy groups have said the Net Neutrality decision will negatively impact -- Wheeler spoke with passion:

"The great revolution in the Internet is how it empowers individuals to both consume and create. It's the kind of opportunity that we're discussing here this morning, and to do so requires an accessible and Open Internet, and we will fight to preserve that capability... Never in the life of anyone in this room has there been greater opportunity to exploit the new networks for ownership diversity and content diversity," said Wheeler, hitting the lectern for emphasis. "And that's what makes the Open Internet so... damned... important!"

Recent Statements

Wheeler spoke at the University of Colorado Law School on Monday and reiterated his position that the appeals court decision actually empowers the FCC to reassert its authority.

"The court opinion specifically included that the Commission was justified in concluding that an open Internet would further the interest of broadband deployment by enabling the virtuous cycle of innovation that unites the long-term interests of end-users, broadband networks and edge-providers," he said, according to PC Mag. "After all, it explained, when edge-providers are prevented from reaching end-users, demand for both those upstream applications and for network expansion suffer. So, the preservation of an open Internet is within the FCC's authority.

"Bigger picture, the FCC has the authority it needs to provide what the public needs: open, competitive, safe, and accessible broadband networks," he added. "Indeed, that we have authority is well-settled. What remains open is not jurisdiction, but rather the best path to securing the public interest. Those are the challenges that the FCC will confront with the Open Internet, the IP transitions, the Incentive Auction, and other issues."

It's still not clear if the FCC will simply try to redefine ISPs in a way that allows full regulation - although that move would likely meet with resistance from some on Capitol Hill, like South Dakota Republican Senator John Thune. But Wheeler, who became Chairman of the FCC in late 2013, already has a track record of representing progressive views on technology. Nearly immediately, Wheeler pressured the CTIA -- the trade association of wireless companies -- to allow consumers to unlock their phones, after an exception to the Digital Millennium Copyright Act expired, effectively making the practice illegal. More recently, Wheeler, with President Obama's State of the Union blessing, announced a doubling of funding and reforms to the E-Rate program, an initiative that seeks to provide high-speed internet in public schools and libraries.

"These are issues I've been living with for a lifetime," said Wheeler -- a former businessman who has worked in the internet and cable TV arenas before joining the FCC -- in an interview on Friday, according to the NYTimes. "My job is to be here representing American consumers."

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