It seems clear, from both the court ruling and the political stance, that the FCC is a operating from a position that needs to be revisited. Ironically, even Comcast seems to think so.
From Google and Verizon's recent joint policy proposal on an open internet, there's a clear push to get the FCC to have the authority to do exactly what they could not do with Comcast:
..because of the confusion about the FCC’s authority following the Comcast court decision, our proposal spells out the FCC’s role and authority in the broadband space. In addition to creating enforceable consumer protection and nondiscrimination standards that go beyond the FCC’s preexisting consumer safeguards, the proposal also provides for a new enforcement mechanism for the FCC to use. Specifically, the FCC would enforce these openness policies on a case-by-case basis, using a complaint-driven process. The FCC could move swiftly to stop a practice that violates these safeguards, and it could impose a penalty of up to $2 million on bad actors.
