I totally agree. Who cares if the worst case scenario is tiered pricing, as long as their is REAL competition, a competitor can come along and say "we offer it all for one flat fee because our infrastructure is better." Boom, done. These municipal exclusion deals are the real problem.
I also think this is going to backfire and bite the telco's in the ass if they try to roll out tiers. The legislative outcry when joe schmo is affected could become so deafening that congress will be likely be forced to get up off their ass and intervene which is exactly what they don't want. If they were smart they would only go after the Netflix and Face-books of the world and leave the consumer out of it.
Can you imagine the 2020 campaign slogan of "Donald Trump ruined the internet." Ignoring this issue was stupid but I don't think they thought this through.