The FCC's net neutrality plan may have even bigger ramifications in light of this obscure court case

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The litigation is significant as the FCC prepares to transfer more responsibility to the FTC for handling net neutrality complaints... If AT&T gets its way in the case, the FTC's ability to pursue misbehaving companies -- over net neutrality issues or otherwise -- may be sharply curtailed.

Thus far, the common carrier exemption has applied to a specific slice of the economy. But the case before the U.S. Court of Appeals for the 9th Circuit, FTC v. AT&T Mobility, could vastly expand the number of companies that qualify for the exemption. In an earlier decision in the lawsuit, a federal judge effectively said that any company that runs a telecom subsidiary is considered a common carrier. Previously, only the subsidiary would have been considered a common carrier -- not the larger corporate entity. The case is being reheard, and analysts say a decision could come at any time.

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A vote to approve the [FCC's net neutrality plan], followed by a decision favorable to AT&T Mobility by the Ninth Circuit, would therefore create a 'regulatory gap' that would leave consumers utterly unprotected," Public Knowledge said in a letter this week asking the FCC to delay its vote.