With no explanation, chose the best option from "A", "B", "C" or "D". 538 U.S. 1012, 123 S.Ct. 1927, 155 L.Ed.2d 848 (2003), which the FCC issued after the United States Court of Appeals for the District of Columbia Circuit reversed and remanded an earlier FCC ruling regarding the treatment of ISP-bound traffic. See Bell Atlantic Telephone Companies v. FCC, 206 F.3d 1 (D.C.Cir.2000). 4 . In their Motion to Dismiss, the PSC Defendants also state that the PSC, "as an instrumentality of the State of Delaware, is not subject to an action under ... [42] U.S.C. § 1983 because the PSC is not a ‘person’ under that statutory provision.” (D.I. 16 at 1-2.) However, none of the parties expended any discernable effort briefing or arguing that defense, although there is authority to support it. See Jemzura v. Public Service Comm’n, 971 F.Supp. 702, 706 (N.D.N.Y.1997) (<HOLDING>). Presumably they did not do so because it is

A: holding that states and state officials acting in their official capacities are not persons subject to liability under  1983
B: holding that under authority of will v michigan dept of state police 491 us 58 71 109 sct 2304 105 led2d 45 1989 neither the state nor state public service commission officials acting in their official capacities are persons subject to suit under  1983
C: holding that neither a state nor its officials acting in their official capacities are persons under  1983
D: holding that states and state officials acting in their official capacity are not persons under  1983
B.