They will probably offer exception to websites owned/affiliated with Time Warner. This will encourage/force people to download streaming media using Time affiliated sites.
ESPN360 (from a 'content company') has been only available to users of ISPs ('delivery providers') who've paid licensing fees to ESPN. [1] This arrangement has existed for a couple years, at least. That would seem to undercut the claim such agreements are illegal.
[1] http://www.paidcontent.org/entry/419-espn-opens-broadband-ac...
This is one of the key issues in the "Net Neutrality" debate.