On one hand, the fact that CDV is on its own channel (as I understand from comments from the previous article) may make some inclined (FCC, et al.) to regulate it as a telco service.
That was the old-style of digital telephone before CDV that had its own channel. There was confusion on the other story about which product they were talking about, hence the reason the separate voice channel was mentioned. -- "This is a bus. You know how big a bus is?"