The Federal Communications Commission is about to make a big decision that wouldn't have been necessary if not for a lawsuit "won" by Verizon.

Verizon sued to block the FCC's 2010 net neutrality order, leading to a court ruling that threw out rules against blocking and discrimination. The court said the FCC erred by imposing per se common carrier rules—the kind of rules applied to the old telephone network—onto broadband without first classifying broadband providers as common carriers. Now, FCC Chairman Tom Wheeler is proposing to reclassify broadband as a common carriage service, an even worse outcome for Verizon and fellow ISPs.

Without mentioning its own role in bringing about this scenario, Verizon today criticized Wheeler's decision. Michael Glover, Verizon senior vice president and deputy general counsel, wrote today in the company's policy blog:

Heavily regulating the Internet for the first time is unnecessary and counterproductive. It is unnecessary because all participants in the Internet ecosystem support an open Internet, and the FCC can address any harmful behavior without taking this radical step. Moreover, Congress is working on legislation that would codify open Internet rules once and for all. It is counterproductive because heavy regulation of the Internet will create uncertainty and chill investment among the many players—not just Internet service providers—that now will need to consider FCC rules before launching new services.

While the 2010 rules gave wireless carriers more leeway, Wheeler's proposal bans blocking and discrimination on wireless in addition to wireline networks. Wheeler also proposes to set up a complaint process so that Netflix and other companies could protest the interconnection payments demanded by Verizon and other ISPs.

We'll have another report on Wheeler's proposal with more details later today. One thing you can almost definitely expect: more lawsuits from ISPs.