 Since the FCC had previously classified broadband providers as "information services" and not "telecommunications services," they could not be regulated as common carriers under Title II of the Communications Act of 1934.Therefore, the FCC Open Internet Order 2010 regulations, which could only be applied to common carriers, could not be applied to broadband providers.The court upheld the transparency order of the FCC Open Internet Order 2010, which it found was not contingent upon network operators being classified as common carriers.