[vproman]

See the 1996 Telecom Act. It explicitly laid out the classifications the FCC can use: telecom, broadcast, cable and information service. http://en.m.wikipedia.org/wiki/Telecommunications_Act_of_199...

Per the courts, the FCC does not have the authority to create a new classification, only Congress can do that. The FCC must apply one of the classifications to ISPs and regulate them according to that classification per the 1996 act. The FCC currently classifies ISPs as information services, and information services can discriminate because they offer a service that requires a greater level of control in order to function.

Also see the court case where the FCC attempted to apply special regulations to the ISPs, and the courts shot the FCC's special regulations down: http://en.m.wikipedia.org/wiki/Verizon_Communications_Inc._v...

[greggyb]

Thanks much. This is helpful for me.