There is a solution that would work.
The FCC receives it's regulatory authority from congressional statute.
Title 1 and title 2 regulation categories are part of the framework in that statute.
Congress can write a new telecommunications bill that redefines title 1 category to allow the FCC to prevent throttling and blocking of internet traffic.
That way the ISPs could go back into category 1 and avoid the more onerous provisions of title 2 regulation.
That telecommunications bill is going to cost them though.
It costs a lot more money to lobby 535 congressman and senators than it costs to lobby 5 FCC commissioners.
I am sure old George Soros would agree.