The Federal Communications Commission’s recent decision to effectively regulate broadband Internet access providers as a utility is designed to solidify the legal underpinning for the FCC’s net neutrality policies. But rather than ending the years-long struggle over the “open Internet,” the Commission’s action just opens a new phase in the conflict. This phase will be marked not just by challenges to the FCC’s decision to regulate broadband providers as a telecommunications service under Title II of the Telecommunications Act, but also by fights over whether particular practices by providers comport with the FCC’s broad policy declarations. Beyond that, the Commission’s move will spark turf wars with other agencies, particularly the Federal Trade Commission. Meanwhile, European legislators are preparing for their own internal struggle over open Internet policies. Not since the 1930s have “neutrality” laws spawned so many political and legal battles.