I think the pertinent question now is whether the FCC rewrites its rules to classify ISPs as common carriers. It seems to me, given the local monopoly or duopoly that the vast majority of ISPs enjoy, that this is an obvious move. But I have heard it barely discussed, which is distressing.
It's not an obvious move. Being classified as a common carrier carries a ton of baggage. The common carrier regulations are very much 1970's-style oppressive regulation, complete with extra taxes for providing service to rural subscribers, regulatory oversight of every business decision, etc. The FCC didn't want to impose that burden on ISPs in 1996, and they don't want to do it now. As an aside, it's amusing to me h…
My understanding of common carrier is that is simply mandates that the provider must publish a single public rate card with objective criteria for the rates, and then charge everyone equally by those criteria. It's to prevent UPS (which I believe is regulated as a common carrier) from taking extra money from Amazon to slow down or lose shipments from Walmart.