That's clearly wrong, but how wrong is a matter of interpretation: it's either the 2010 or 2005; the Title I regs in 2010 were no less “preemptive” than Title II, and the 2005-2010 approach was, IIRC, struck down because it amounted to preemptive regulation adopting the net neutrality principles as binding rules without following the mandatory process of the Administrative Procedure Act.
That's clearly wrong, but how wrong is a matter of interpretation: it's either the 2010 or 2005; the Title I regs in 2010 were no less “preemptive” than Title II, and the 2005-2010 approach was, IIRC, struck down because it amounted to preemptive regulation adopting the net neutrality principles as binding rules without following the mandatory process of the Administrative Procedure Act.