No, the FCC was right before 2002 and wrong now.
Before 2002, the carriers had to make TELECOM available, but the Internet was unregulated. Telecom is raw bit transmission, and The Internet runs on top of it, as its payload. In 2002 the FCC said that fiber was exempt, and in 2005 DSL was (cable always was), so there was nothing left for competitive ISPs. So the telcos called themselves ISPs.
The FCC should have regulated telecom again, so ISPs could compete over telco wires. But they didn't. The new rules seriously fsck up small ISPs who don't have Comcast's and ATT's lawyers to defend themselves, and make actual innovation in Internet harder. They're designed for Netflix, period.
And the law is against the FCC, but since the telcos and cable don't want the telecom regulated again (as the law calls for), they didn't fight it correctly.