Net neutrality implementation issues raised at hearing; bicameral CRA measure offered

During his testimony, Commissioner Michael J. Copps reiterated his perennial call for an end to the "closed meeting rule which prohibits more than two Commissioners from ever talking together outside of a public meeting." Rep. John Shimkus (R., 111.) agreed that the "two-member rule" is "silly," adding, "Let me see if I can take that up as a challenge" to get it changed. Chairman [Greg Waiden] asked whether the FCCs reliance on section 706 of the 1996 Telecommunications Act, which directed the FCC and the states to promote advanced communications, means that "every state can adopt its own net neutrality regulations, including price controls." Commissioner [Robert M. McDowell] said that "it could" because the extent of the authority "is not defined or limited in the FCC order." Chairman [Julius Genachowski] said, "I think a proceeding to continue to receive input on our authority is healthy." Commissioner Copps said he thought the proceeding should stay open, and Commissioner Mignon A. Clyburn said she thought "we should stay on this pathway." Commissioner McDowell, however, said he thought the proceeding should be closed, and Commissioner Meredith A. Baker said, "If the [FCC] Chairman is serious that we're going to say with Title I, he should close the Title II proceeding." During the hearing, Chairman Genachowski said that the Commission's Comcast-NBCU transaction review proceeding was "professional" and "focused" and that after the proceeding was over "and they could have said anything they wanted," Comcast officials publicly "praised" the Commission's handling of the proceeding.