The split between President Obama and the FCC on network neutrality, in plain English

[Commentary] Where do things stand at the Federal Communications Commission on network neutrality and how might we expect them to unfold next?

President Barack Obama wants FCC Chairman Tom Wheeler to ensure net neutrality by implementing a certain set of rules. Chairman Wheeler isn't completely sold on the idea. That's exposed a rift between the two men. The question now is whether that rift will grow larger or smaller in the coming weeks. Chairman Wheeler has been trying to find a way to give everyone a little bit of what they want. That's great, except it also means everyone can find something about it they don't like, and legal experts are skeptical in any case that a hybrid approach could survive a court challenge. This leaves us with an FCC that's being hemmed in on pretty much all sides, with consumer advocates, tech companies and now the President pressing for one thing and telecom companies and ISPs [and Congressional republicans] urging another.

Chairman Wheeler needs fellow FCC Commissioners Mignon Clyburn and Jessica Rosenworcel to agree with whatever he decides. But it's more complicated than that. If Chairman Wheeler bucks President Obama and proposes anything short of Title II, Commissioners Clyburn and Rosenworcel will be in the uncomfortable position of having to vote against the President, too. Chances are they would, as the Democrats might prefer non-ideal rules to no rules at all. But a vote with Chairman Wheeler might be easier for his liberal colleagues to swallow if they knew they had the President backing them up. From where Chairman Wheeler sits, Title II may not be the best option for fulfilling the goals of preventing ISPs from slowing or blocking Web traffic, which is why a split, currently, exists between him and President Obama.

It's possible that Chairman Wheeler may move closer to Obama's position in the coming weeks. But the FCC is an independent agency that has to follow certain procedures concerning public input, decision-making and rule-drafting. So Chairman Wheeler can't simply wake up tomorrow and decide to go all-in on Title II, even if he believed that was the best course -- which it doesn't seem like he does (yet?).