The court for DC affirmed that the FCC has the right to regulate the 
Internet, but in a complicated ruling that will probably go to the Supreme 
Court stated that it doesn't have the right to make decisions on what web 
sites or material broadband ISPs can give preferential (or no) treatment, 
claiming that the ISPs are "information services," not common carriers like 
the phone company:

http://www.thewrap.com/federal-appeals-court-overturns-fccs-net-neutrality-rules/

This is not the end of this case, I assure you.

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