Thank you for reciting the trolltastic NN lines, and provide where, exactly in either act, internet service is defined as a telecommunications service.
If you can't find it, you've hit upon the problem. It's not the FCC's job to make the distinction between what is and is not a telecommunications service.
if they could make up those rules on the whim of whichever party is in office, there's virtually no limit in what they might be able to regulate.
Congress has to explicitly grant them the authority. Congress hasn't done that (and likely won't now that the NN bobbleheads' ranks have been significantly thinned).
You want a connection with NN compliance? Contract for it. It's called a business-class connection. Put it in the contract terms. If they violate it, you terminate the contract. It's pretty simple.