WSJ: "The FCC has a new plan but doesn't want a vote"

WSJ Opinion section says today:

"Mr. Genachowski wants more control over broadband providers so that he can implement "net neutrality" rules that would dictate how AT&T, Verizon and other Internet service providers manage their networks. To date, Congress has given the FCC no such authority. Nor has the agency had success in court. Based on oral arguments last month, the D.C. Circuit Court of Appeals is almost certain to rule against the FCC in a case involving Comcast's network management ... Mr. Genachowski's proposals are meeting resistance from telecom companies and fellow commissioners, which is reason enough to put his broadband plan to an agency vote. Instead, the chairman is urging his colleagues to sign a general statement that endorses the goals of the plan and ignores the details."  

See "Broadband Trojan Horse" (here) .

SO - Can he do it ?