Glass agrees with net neutrality proponents that creating a robust and competitive Internet service market is one of the best ways to spread broadband services, but he doesn't think that net neutrality will help achieve that goal. Rather, he thinks the government should only be involved in regulating overtly anticompetitive behaviors, which he says include "price squeezing, price gouging in the ‘middle mile' by ILECs, and refusal to deal by backbone owners."

Although no one knows at this point whether the FCC will adopt net neutrality rules as part of its national broadband plan, net neutrality advocates are likely to get a more sympathetic hearing now than they have under past FCCs. Newly nominated FCC chairman Julius Genachowski has long been an advocate of network neutrality and he was as part of his technology platform while he was a presidential candidate.

Presuming Genachowski gets confirmed as FCC chair sometime within the next month, the FCC will have about seven months to make up its mind about network neutrality before releasing its final plan in February 2010. In the meantime, expect ISPs and net neutrality advocates to engage in an all-out battle that will determine the nature of the Internet in the United States for years to come.