That's pretty much what the Open Internet Order (both the 2010 one that was, except for transparency provisions, struck down and the current one that was just upheld by the same court that struck down the earlier one) does.
> You don't have to have utility-style control,
Which, largely, the FCC isn't doing here. Now, the FCC had invoke the provisions which allow utility-style control because the courts previously struck down its attempt to institute similar "people can plug legal devices into their internet connections and access legal content over their internet connection" rules without invoking the "telecommunication service" common carrier, "utility-style" provisions of the law.
But, while the details of the current order are different from the 2010 order (for one, more of the provisions apply to mobile broadband in the same ways as fixed broadband, because that market had matured in the intervening time period such that the argument that it was too new and evolving to know if the same style of regulation would be appropriate), it mostly doesn't apply "utility style" regulation, even though it invokes authority which would allow utility-style regulation.
"petition for rulemaking was filed with the FCC by Skype, requesting the FCC to apply the Carterfone regulations to the wireless industry—which would mean that OEMs, portals and others will be able to offer wireless devices and services without the cellular operators needing to approve the handsets. However, on 1 April 2008, FCC chairman Kevin Martin indicated that he would oppose Skype's request.[3]"