Apparently the reports are incorrect and the FCC will issue a statement shortly refuting the claims by the NYT:
Hilarious. In Wheeler's view, consistency means every large, wealthy corporation has an equal opportunity to pay extra for faster access to customers.
A response is quoted in the NYT article, but not the published refutation that was discussed upthread, which is now available: http://www.fcc.gov/blog/setting-record-straight-fcc-s-open-i...
It sounds like the intent is to hew closely to the original order but to adapt it exactly and only as much as necessary to conform to what the FCC perceives to be the parameters of the D.C. Circuit decision.