It looks like the FCC has got it completely backwards. Instead of regulating a separation between data transport and applications, it has reclassified data transport as a service, and thus removed open access requirements.
This is the exact opposite of the collective wisdom of the networking industry, as I collected here.

Powell today reiterated his opinion that all broadband platforms - cable, wireless, satellite and DSL - should be considered when crafting broadband policy.
"It's important to conceptualize broadband broadly," Powell told reporters following today's meeting.

It is indeed - but rather than prop up a series of monopoly rights, providing an opportunity for Howard Jonas to acheive his stated aim:

"Sure I want to be the biggest telecom company in the world, but it's just a commodity. I want to be able to form opinion. By controlling the pipe, you can eventually get control of the content."

Powell should be considering how to enable maximum flexibility by separating the commodity business of transferring packets from the open applications that define what the packets mean. This is how to maximise the value of the net for everyone, not for a few local monopolists - a fine job for a regulator.