Verizon v. FCC, No. 11-1355 (D.C. Cir.) | FCC.gov: "FCC used its Second Computer Inquiry, 77 FCC 2d 384 (1980), affirmed in CCIA v. FCC, 693 F.2d 198 (D.C. Cir. 1982) to achieve competition in data networks; see NCTA v. Brand X Internet Services, 545 U.S. 967, 976-977 (2005).
In the Telecommunications Act of 1996, Congress granted the FCC a central role in making and implementing federal policy regarding the Internet. Congress left to the Commission’s discretion the fundamental policy decision whether to classify broadband access as a “telecommunications service” subject to the common carrier provisions of Title II of the Communications Act or as an “information service” not subject to Title II. See 47 U.S.C. § 153(24), (53); Brand X, 545 U.S. at 976-977. Furthermore, in Section 706(a) of the Telecommunications Act of 1996, Congress directed the Commission to “encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans” based on competition." 'via Blog this'