Jesus - the hyperbolic circle jerking.. sigh.. Could we get any more f#cking stupid here?
His point is that this should be viewed as beyond the authority of the FCC by both sides; that a bureaucratic panel doesn't have the power to tell individual states how to regulate themselves; and doing so will open a Pandora's box. He illustrates his point by citing SCOTUS precedence, and hypothesizes what sort of dramatic swings would be possible with that power.
Everyone loves HHS - but they forget (let me make his point in a different way) the HHS could effectively slash Abortion coverage at will by simply saying Insurance can't cover it. That's what it's dangerous to give so much power to one position; especially a politically appointed one.
Christ - His biggest mistake, apparently, is forgetting to dumb down his point and talk like everyone is 12.
IMHO, the FCC should just declare ISPs common carriers as a start; then recommend to Congress a law that says the individual citizens have a right to assembly, even in the form of a municipality, and establish publicly held utility services.
Then, it could go back to SCOTUS or whatever.