That administration took, and this administration will take, the position that the FCC can't regulate ISPs, and also that the FCC's regulation (which it can't do) overrides the states.
And stuff like this is why I was supportive of Chevron's repeal, under the principle of never give yourself power you don't want to give your opposition. Now the FCC, as with other agencies, won't go in to court with a presumption of constitutionality for their rulemaking. If they want to deregulate ISPs nationwide, Congress will have to change the law.
