It was March 2002 and the Federal Communications Commission (FCC) was on a tear to give the nation’s broadband providers the freedom from government oversight for which they were clamoring. The idea was simple: Pluck advanced telecommunications out of the telecommunications obligations of Title II of the statute, label broadband an information service, and deny the public interest in favor of the special interests. This particular vote applied to cable modem broadband, but the Commission had already issued a notice that it was preparing the same statutory surgery for wireline broadband, which, of course, it subsequently performed. I dissented from the majority’s approval. As I said at the time, this ill-advised decision “places these [cable broadband] services outside any viable and predictable regulatory framework.” Little surprise, then, that the Commission tied itself in knots ever since, trying -- unsuccessfully -- to defend the indefensible. So intent was the Chairman Powell-led majority to ensure that broadband would be forever deregulated that the ruling included a provision saying that even if the courts disagreed and found that broadband services were subject to regulation, the Commission would forbear from enforcing such obligations.