Can we all agree that if this boils down to a packet-switched vs. circuit-switched distinction as the crux of whether it can be effectively regulated under curr

Can we all agree that if this boils down to a packet-switched vs. circuit-switched distinction as the crux of whether it can be effectively regulated under current law, that is a profoundly stupid outcome and bad public policy? Surely Congress did not intend to concern itself with such implementation details, and if a regulatory regime conceived in a world that was all circuit-switched is now ill-suited to the economics of a world that is mostly packet-switched, it's not the court's place to invent a way to exclude packet-switched networks from laws that don't care about that distinction. (I'm also not at all convinced that internet backbone/backhaul congestion is sufficiently different from telephone switchboard congestion from a standpoint of market dynamics.)