This time, it’s FCC Chairman Julius Genachowski making a proposal that would place a fig leaf on the elimination of net neutrality.

There are a number of problems:

• It does not cover wireless, except for vague language.
• Paid priority is acceptable so long as it is not “unjust and unreasonable,” which allows Comcast to gig over the internet video to prop up its cable business.
• It is likely not legal, since the court of appeals has already said that the FCC has little or no authority to regulate to regulate Title I (information services), and the plan refuses to reclassify the services as Title II (communication services), where there is explicit statutory authority.
• How actual infractions would be handled are unclear.

I would also point you at comments by the President of Public Knowledge, and would further note that PK, as well as Harld Feld’s commentary on Wetmachine are probably good starting points for developments.

The FCC meeting will be on December 21, and the Republicans on the board, 2 of the 5, have already announced that they will oppose any regulation, so it’s possible that Genachowski will have to move in the consumer’s direction to deal with his more consumer friendly board members.