Why wait? Why not just introduce a bill clearly defining the authority to FCC for this thus causing the case to get dismissed and no more tax payer money being wasted trying to answer the question?
Because it is the US Government. They want to look like they are doing something, not actually have to do something. That would take work and that apparently wasn't in the job requirements.
reply to Skippy25
The FCC decided the internet was an information service awhile back. They only have themselves to blame.