Re: FCC must not make law,
Also note that the FCC initially introduced NN regulations without using Title II powers *expressly as a sop to the ISPs who didn't want to be regulated under Title II*. At which point the ISPs *sued the FCC*, their argument literally being "you can only impose NN under Title II". In other words...the ISPs literally *dared* the FCC to put them under Title II.
The fact that since then they've been arguing "oh no no no we're not opposed to net neutrality, we're only opposed to Title II!" would be funny if it weren't so astonishingly awful.