Speaking to Congress this week, FCC Boss Julius Genachowski stated that the agency hasn't received a single net neutrality complaint since the FCC's neutrality rules went into effect late last year. Part of that is because the rules don't do very much, failing to cover wireless in any meaningful way, while allowing pretty much any network behavior so long as it can be defended as an action that's necessary to protect network integrity. Another reason because the mere threat of being watched by regulators and the press has kept carriers on their best behavior since Comcast was yelled at for throttling all upstream traffic.

Despite being utterly toothless, the rules are still being assaulted by partisans and Verizon, who prefer their regulators utterly powerless (while fearing the rules could be expanded someday to oh -- actually do something). Genachowski informed the Senate Appropriations subcommittee (which was meeting to approve an FCC budget request) that if the rules are overturned, he may push to codify them into law:

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Federal Communications Commission chairman Julius Genachowski told a Senate Commerce Committee hearing audience Wednesday that the agency had not received a single complaint in the six months since its Open Internet order went into effect, but also said that if a court overturns it, he would urge Congress to codify it. He would not rule out classifying ISPs as a Title II service if the court overturned, but said he is on the record as saying "that it not the best idea."

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Despite being rather empty, data clearly shows that the mere threat of a regulator doing its job has had an impact on heavy-handed throttling and other practices. It seems likely that Genachowski's threat is an empty one, as the agency has long had the opportunity to classify ISPs as Title II service providers, but has avoided the option because of the even more significant legal bloodshed that would be involved. Either direction the FCC heads they face lawsuits as ISPs work tirelelessly to ensure there's nobody other than themselves busily watching the nations over-priced broadband duopoly henhouse.