Reply #23: yep. really.

[onenote]

The point isn't whether the FCC should have the authority to regulate ISP network management practices (I happen to think they do). Its whether they have that authority now and/or whether they made the case legally to the court. The answer to the latter two questions are: maybe and definitely not.

Mike Copps, who supported the decision, and who thinks the FCC has the ability to adopt rules (a process it didn't use when it tried to go after Comcast which is one of the reasons it failed), had this to say about a decision that he clearly doesn't like: "My criticism today is not of the Court, but of my own FCC for the bad policy choices it has made. It is time that we stop doing the “ancillary authority” dance and instead rely on the statute Congress gave us to stand on solid legal ground in safeguarding the benefits of the Internet for American consumers."

If you want an explanation of what Copps was referring to with respect to the "ancillary authority" dance, read here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=4333930&mesg_id=4334474 (post number 47)

But feel free to ignore this and remain uninformed.