Using the common carrier status of telecommunications providers, Wheeler intends to apply net neutrality rules that prevent Internet providers from blocking or slowing down Web content or prioritizing it in exchange for payment.
But the very acts of blocking, throttling, or prioritizing Web content can’t be telecommunications under the Communications Act, AT&T argues. Instead, they must be considered information services, leaving them free of common carrier rules.
via The FCC isn’t afraid of AT&T’s legal threats over net neutrality | Ars Technica.