Earlier quoted context omitted.
DSL was covered under Title II until wireline ISPs in general were ruled as an "information service" rather than a "telecommunication service" by the FCC in 2005 in the wake of the Supreme Court ruling in NCTA v. Brand X upholding the FCC's earlier (2002) declaratory ruling finding that Cable modem internet access was an "information service". See, for instance, http://www.techlawjournal.com/topstories/2005/20050805a…
I'm lost. EnterAct/21stCenturyCable/RCN, the ISP I worked for --- starting as employee #2 --- wasn't subject to Title II, despite offering DSL service. Is it possible that this DSL ruling was a wrinkle that affected only ILECs? The ILECs were, of course, heavily regulated... hence the emergence of the CLEC market. The upthread comment did not say ILECs; they said "ISPs".
In addition, back in the dial-up days, how did your customers connect to those modems? Through their Title II regulated POTS service.