Tom Wheeler, chairman of the Federal Communications Commission (FCC), defended the regulator’s modernising of older FCC rules — an approach that is key to its proposal for net neutrality.

The FCC intends to reclassify broadband providers, mobile and fixed, as common carriers under Title II of the Communications Act, a piece of legislation that dates from 1934.

This has left the agency open to taunts of using outmoded, utility-style regulation in the internet age.

Not true, said Wheeler (pictured). “Allow me to emphasise that word ‘modernised’ as the descriptor for Title II. We have heard endless repetition of the talking point that ‘Title II is old-style, 1930’s monopoly regulation’. It’s a good soundbite, but it’s misleading when used to describe the modernised version of Title II that I’m proposing,” he said.

Wheeler was speaking at the Silicon Flatirons Center in Boulder Colorado.

Instead, the FCC wants to use Title II alongside Section 706 of the more contemporary Telecommunications Act of 1996, which also covers broadband providers’ treatment of internet traffic. Wheeler characterised his proposal as a “one-two punch”.

He also said the regulator will ignore parts of Title II that threaten network investment, meaning no rate regulation, unbundling, no tariffs or taxes.

Wheeler also noted that “light-touch” Title II had been applied to mobile voice services over the past two decades and had not deterred massive investment.

Last week’s FCC proposal would apply internet regulation equally to both mobile and fixed networks for the first time. Mobile networks now account for 55 per cent of internet usage. “For those to whom much is given, much is also expected — especially including an open network,” added Wheeler.