If they want to build a faster parallel pipe, and charge more for it, I don't see a problem with that.
The existing ISP infrastructure is not something I opted in, even though I fortunately get to enjoy gigabit speeds via AT&T. I already have "buyer's remorse" but can I be given a clause, a lot like our "lemon laws" that state that if they, free from the shackles of regulation, make things arguably worse for everyone involved, that we can get some of that money back? I feel like there needs to be some sort of "upper bounds" to deregulation that to use a metaphor says something like "We'll give you the Wild West but it's still illegal to murder people." in whatever highly damaging thing "murder people" turns out to actually be.