Reply #31: the decision not to treat ISPs as subject to Title II regulation goes back to 1998

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For the record, the decision during the bush years to classify Internet service as an information service rather than as a Title II service really just carried forward a policy articulated by the FCC during the Clinton administration. In 1998, the FCC had the following to say about the regulatory status of ISPs: "...we find that Internet service providers generally do not provide
telecommunications. Our analysis, we believe, reflects a consistent approach that will
safeguard the current and future provision of universal service to all Americans, and will
achieve the Congressionally-specified goals of a 'pro-competitive, deregulatory
communications policy.'"

http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98067.pdf