This battle has been happening for a better part of a decade and won’t seem to go away. Every time it’s defeated it seems to pop back up.
Closer to 3; it started almost immediately after the 1996 Telecommunications Act, and the FCC first adopted nondiscrimination prinicples that underlie net neutrality as a basis for policy (but not as regulation) in 2004.
https://techcrunch.com/2017/05/30/commission-impossible-how-...