That's because the Internet is considered an "information service," something the Supreme Court established in the 2005 Brand X case. How do you fix that? Give yourself the authority, of course. Chairman Wheeler's plan is to say that the Internet should actually be considered a telecom service, which would give the FCC much more authority to hand down net neutrality regulations and intervene if a customer has a complaint. If an ISP sues again, the FCC is also much more likely to prevail if ISPs have been reclassified as a telecom service.