Jim Lippard points to a the error at the heart of the New Republic’s editorial on net neutrality:
TNR has, like many others, wrongly inferred that rules which applied solely to telco telephony and last-mile networks have also applied to the Internet and Internet Service Providers, when in fact ISPs and backbone providers have been under no such constraints.
They didn’t come to this wrong conclusion without a lot of help; this claim is repeatedly made by the common carrier regulators, but it’s baseless.