BrandX challenged the rules you quote which eventually went to SCOTUS. https://en.wikipedia.org/wiki/National_Cable_%26_Telecommunications_Ass%27n_v._Brand_X_In

BrandX challenged the rules you quote which eventually went to SCOTUS. https://en.wikipedia.org/wiki/National_Cable_%26_Telecommunications_Ass%27n_v._Brand_X_Internet_Services https://en.wikipedia.org/wiki/National_Cable_%26_Telecommuni... The FCC fought all the way to the Supreme Court to ensure last-mile ISPs don't have to unbundle. Of course that was in 2005 under the Bush Administration when the FCC was run by Michael Powell.