I think you're hitting on exactly the same thing I did in the OP: AT&T won over the FTC in 2014 on the very basis that broadband was classified as a common carrier[0]. The FCC has just removed that protection, so now the FTC should step up as the cop on the beat. That was the factual meat of my post. In my opinion, this could very likely be better for the public, because the legal definitions and technical specifications that make up agency regulations tend to be murky and fraught with politics. Anti-trust law on the other hand has a much stronger foundation, doesn't tighten the oligopoly, and doesn't cede any unanticipated federal control.

[0] https://arstechnica.com/tech-policy/2016/09/atts-throttling-...