> My original comment was incorrect: I meant they can either not regulate or classify ISPs as common carriers and then regulate.
That's true of the non-blocking and non-discrimination rules in the Open Internet Order, which were ruled to be equivalent to common carrier rules and thereby foreclosed so long as the FCC designated ISPs as "information services" (which cannot be treated as common carriers under the Telecommunications Act) and not "telecommunication services" (which are common carriers under the Act.)
The FCC, under the ruling, still has power to regulate broadband ISPs in other ways, and the provisions in the Open Internet Order that were not found to be equivalent to common carrier requirements (and thus incompatible with the FCC designation of ISPs as "information services") were allowed to stand.
That's true of the non-blocking and non-discrimination rules in the Open Internet Order, which were ruled to be equivalent to common carrier rules and thereby foreclosed so long as the FCC designated ISPs as "information services" (which cannot be treated as common carriers under the Telecommunications Act) and not "telecommunication services" (which are common carriers under the Act.)
The FCC, under the ruling, still has power to regulate broadband ISPs in other ways, and the provisions in the Open Internet Order that were not found to be equivalent to common carrier requirements (and thus incompatible with the FCC designation of ISPs as "information services") were allowed to stand.