When the FCC made the decision on how to classify an ISP service back in the 1990s, they had two choices: it was a telecommunication service, or it was an information service. The decided to classify it as an information service for two reasons: (1) at that time, no one had succeeded in selling a data transport service by itself, and (2) if they made it a telecommunications service there were a bunch of statutory provisions that had to apply and the cable companies wouldn't have built out their networks.
It was a dumb decision. I was in the industry and had a few people's ears and I told them at the time it was a dumb decision. Years later Obama's FCC attempted to split the difference. They wanted to reclassify it as a telecommunications service, but also promised that they would never enforce the pesky parts of the law. Reversed with the change of administration, but it would never had stood up in court anyway.
What's needed is a third category. Around the time Obama's FCC was making their ruling, a handful of Congress-critters introduced a bill that would have done that, sort of. ISPs were singled out as a subset of information service providers and required to implement net neutrality. The bill went nowhere. Congress has still refused to act, and we all suffer the consequences.