> Wouldn't the FCC clearly have this authority if they simply choose to reclassify the internet as a common carrier service instead of an information service?
They'd have to reclassify broadband as a telecommunication service instead of an information service to regulate broadband providers as common carriers.
This would be reviewable by the courts under the definitions of those terms in the Telecommunications Act, but looking at the definitions, it seems that this would likely be reasonable. (Most ISP provide some components of service that are clearly more like an "information service" than a "telecommunication service", but the basic of internet access seem to be more like a "telecommunication service", and regulating different components of packaged services differently is something that the FCC has done other places before.)
They'd have to reclassify broadband as a telecommunication service instead of an information service to regulate broadband providers as common carriers.
This would be reviewable by the courts under the definitions of those terms in the Telecommunications Act, but looking at the definitions, it seems that this would likely be reasonable. (Most ISP provide some components of service that are clearly more like an "information service" than a "telecommunication service", but the basic of internet access seem to be more like a "telecommunication service", and regulating different components of packaged services differently is something that the FCC has done other places before.)