Submission + - A voter mandate against Net neutrality? (cnn.com)
The existing legislation was attempting to classify broadband providers as Title II telecommunications — mandating the same neutral carrier regulations that are imposed upon telephone companies. Those against this Net neutrality plan claim that it prevents broadband providers from implementing so called neutral traffic shaping saying that Title II status "is a nuclear option, since it could potentially prevent broadband providers from implementing legitimate controls over their service, such as curbing massive downloads that swallow up bandwidth for users."
With congress failing to act, it is possible that the FCC will have to go it alone but this will likely lead to a series of lawsuits such as the one it lost last April.