Still binding "doesn't mean it's forever binding," Marvin Ammori, a net neutrality advocate and fellow at the New America Foundation, said in an email. "Just still. Can be changed."
In addition, the U.S. Supreme Court, in a 2005 decision called Brand X, gave the FCC the discretion to decide how to classify broadband, Wood and Ammori said.
The Supreme Court "didn't say, 'you're right FCC; broadband is an information service,'" Wood said. "It said this is the FCC's call to make."
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