• by Wendy Davis , Staff Writer @wendyndavis, April 15, 2010

Federal Communications Commission Chairman Julius Genachowski went to the Senate Commerce Committee this week to discuss the broadband plan. But some lawmakers were more focused on the FCC's recent defeat in the Comcast case, where an appellate court ruled that the FCC lacked authority to regulate the Internet under Title I of the Communications Act.

At the hearing, senator after senator asked Genachowski if the FCC intends to reclassify broadband as a telecommunications service under Title II of the Communications Act. If the FCC does so, providers would be subject to common carrier rules.

Genachowski refused to give any clues about his plans. Instead, he repeatedly responded in the vaguest possible terms, with comments like, "There are legal issues now that we have to address in light of the decision," and "Lawyers now working hard in good faith," and "Anything that we do ... will have a solid legal foundation."

Senators who grilled Genachowski appeared divided on whether the FCC should reclassify broadband. Net neutrality proponent Sen. Bryon Dorgan (D-N.D.) implored Genachowski to take whatever steps were necessary to preserve an open Internet -- including declaring broadband a telecommunications service, as it was before the Bush administration FCC reclassified it in 2002.

Sen. Mike Johanns (R-Neb.) advocated the opposite. He warned that any attempt to return to the pre-2002 classification "will only buy greater litigation." He added: "And you'll be stopped in the end.'

Consumer advocates, meanwhile, are pressing hard for the FCC to change its approach to the Web. This week, Public Knowledge met with the FCC to ask it to seek public comment on whether broadband should be classified as a Title II service.