Lack of Title II regulation is what produced the current cell phone and cable market. Cable companies and cellular phone companies are explicitly not regulated

Lack of Title II regulation is what produced the current cell phone and cable market. Cable companies and cellular phone companies are explicitly not regulated as Title II utilities. That's how they're able to get away with traffic discrimination - they're free to treat different classes of traffic (e.g. traffic from Netflix) differently. With Title II regulation, they would be classified as a common carrier and would have many more restrictions in how they could discriminate among the various kinds of traffic that passes through their network.