well, the FCC was able to classify cable as "information service" (title 1?) and was upheld by the supreme court. Why can't they change their mind and classify as telecom service now?
Reversing a precedent is often much tougher to do than in establishing it in the 1st place. Courts are very reluctant to upset previously established legal positions. It happens, but reversals are often a long time coming. And the FCC just set the precedent of making ISPs an "Information Service" instead of a "Communications Service" 5 yrs ago. They would be reluctant to uphold a reversal this soon after the original decision. -- NCAA® March Madness on Demand®
the precedent is that the FCC clearly has the power to classify entities as title 1 or title 2. If they have that power in law, all they have to do is exercise it.
ILECs could argue they are one, not the other, but that's another argument.
