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I think you are blending your facts/timeline. Ajit Pai's FCC struck them down for that (dubious) reason. This upcoming vote is to undo that damage and revert back to what the FCC under Obama put in place.
I looked into it and I was wrong about it being a law, but it was regulated under title 1 regulations, which the FCC claimed let them enforce net neutrality. That got struck down in court, which lead to the FCC regulating it under title 2, which was removed by Pai and is now being reinstated by Biden's FCC.
Edit: I think I got it, lemme know if there's some nuance I'm missing.
Title 2 is right. It makes more sense to utilize that as well.