This timeline should clear things up: 2008: FCC issues Comcast order citing ancillary jurisdiction under the Communications Act of 1934. 2010: Comcast v. FCC

This timeline should clear things up: 2008: FCC issues Comcast order citing ancillary jurisdiction under the Communications Act of 1934. 2010: Comcast v. FCC strikes down only that justification. 2010: FCC issues a new Open Internet Order primarily based on section 706 authority. See pages 62-150 of https://apps.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.p... 2014: Verizon v. FCC strikes down the Open Internet Order because FCC didn't classify ISPs under Title II. 2015: FCC classifies ISPs under Title II. Tom Wheeler comments that "this is no more a plan to regulate the Internet than the First Amendment is a plan to regulate free speech. They both stand for the same concept."