The FCC's faux defense

See this article. FCC Chair Wheeler whines that he had to do it the way he did because the DC circuit court said he has to allow such discrimination. But that is not the case; the court said it must do so only if it did not reclassify broadband providers as common carriers. Wheeler also contends that the court said he doesn't have authority to reclassify but that's exactly the authority the court says is under FCC purview. He's really twisting in the wind when the legal solution is really simple.