Comment Re:Not imposing common carrier status (Score 2) 235
No, I think it was the commission themselves, not Congress, that classified them as an "information service" when they COULD have called them a "telecommunications service." However, it is within the FCC's power to reclassify them and they don't need approval from Congress.
The court told the FCC:
Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such.
Basically, the court just told the FCC that if they want to treat them as common carriers, all they have to do is classify them properly.