Federal Communications Commission Chairman Tom Wheeler is mulling a new “net neutrality” plan that would provide more regulatory control over broadband providers.

But Verizon is already warning that a “reclassification” plan “could not withstand judicial review.”

According to The Wall Street Journal, the FCC’s Tom Wheeler is piecing together a plan that would enable broadband providers to “cut deals with content companies for special access to customers.”

However, that concept isn’t likely to please proponents of “net neutrality” who want all Internet traffic “treated equally.”

The paper also noted that Verizon said on Wednesday that any attempt at “reclassification” allowing more control over broadband providers would likely face judicial review. 

The courts have already vetoed a previous FCC net neutrality plan. 

“The people familiar with the plan emphasized that nothing is final, noting that any proposal would require a vote of the full five-member commission, which is made up of three Democrats and two Republicans. And whatever approach the FCC tries almost certainly will be met with a legal challenge from broadband providers, who would resist giving the agency a heavier hand,” the Journal reported.

Broadband providers want to remain classified as information services rather than as a “common carrier” – a public utility – and therefore subject to more regulation. 

“Mr. Wheeler has said an open Internet is a goal in developing the rules, along with barring providers from slowing down or blocking content to consumers,” the Journal noted. 

He is considering a “hybrid approach” as a solution, sources told the paper.

Broadband would be separated into two services: One for consumers and another for broadband providers as a “conduit for websites to distributed content.” The plan would enable common carrier regulation, the sources said. 

The full report can be read online. (Subscription may be required.)