From the Summary: "While there is general support for the basic concept of the open internet, net neutrality has been a perennially difficult subject for the Federal Communications Commission (FCC or Commission). The complexity lies, in part, in the fact that the FCC's ability to adopt net neutrality rules depends on the legal classification it gives to broadband internet access service under the Communications Act of 1934. As amended, the Act defines two mutually exclusive categories of services: telecommunications services and information services. While telecommunications service providers are treated as highly regulated common carriers under Title II of the Communications Act, the FCC has much more limited regulatory authority over information service providers. The FCC has alternated between classifying broadband as a telecommunications service and an information service. The U.S. Supreme Court and lower federal courts have affirmed the FCC's discretion to make this classification decision, but courts have also established that the FCC's ability to adopt net neutrality regulations is contingent on its classification choice."
CRS Report for Congress, R46973
Congressional Research Service: https://crsreports.congress.gov/