Faced with a court ruling that seems to endanger one of the fundamental strengths of the Internet ”“ its openness and neutrality ”“ the Federal Communications Commission is proposing a new approach to regulating broadband service.

Regulate the Internet? Unfortunately, it’s inevitable, either by an impartial referee or the self-interested policies of a few broadband providers.

No provider has yet flexed its muscles against Google or Skype, but Internet businesses are worried. Three years ago, Comcast became aggrieved at the amount of bandwidth consumed by peer-to-peer file sharing, and interfered with the use of online programs like BitTorrent.

There was a public outcry over this interference, and the FCC ruled the practice illegal. Unfortunately for the cause of net neutrality, the FCC ruling was overturned this spring by a federal court.

Now the FCC’s strategy is to shift to a different level of regulation, defining the providers of broadband service as common carriers. Using rules devised in the days of rotary-dial telephone service may create enough breathing space for the agency to find the right regulatory balance.

This is only a short-term answer, however.

First, it’s not difficult to imagine a change of politics at the FCC. Even now there are several commissioners who believe that companies like Comcast, AT&T and Verizon are entitled to run their networks as they see fit.

Second, the broadband industry has warned of “years of litigation and regulatory chaos” if the FCC stiffens its rules.

Finally, a rulebook that dates back to the 1930s is not well suited to today’s electronic networks. Sen. Olympia Snowe, a net neutrality supporter, made this point last week, urging the FCC not to jeopardize the expansion of broadband service in the U.S.

The best way to protect open access to the Internet is with comprehensive legislation. Unfortunately, Congress has long dodged this assignment, persistently failing to muster an effort to revise the Telecommunications Act of 1996.

Once Congress does address this issue, it will be forced to cope with strong opinions and well-funded lobbying from both sides. The latest court ruling has given an advantage to the telecommunications firms, which currently have no obligation to preserve net neutrality. All the signs indicate that legislation remains a distant goal.

Internet users and businesses today are largely at the mercy of those who own the infrastructure. FCC rules may not be the final answer in creating a more stable system, but they look like a reasonable next step.

— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com.