1) If you are an ISP you need to be present in all the interchange points of the geographical areas where you are licensed to operate in.
2) Any ISP can connect to any other ISP at those points with no charge.
3) Whenever an ISPs link is above 90% peak usage for X days he has to upgrade.
That way everyone pays their own way. If suddenly Comcast customers sign up for Netflix in droves both Netflix and Comcast need to invest to upgrade the links on their side of the interchange, Netflix because they're being paid for the streaming service, Comcast because they're being paid for internet service. If you can come to some other arrangement with interchange at some other point, more power to you, but to be an ISP you are obligated to interchange freely with anyone at these points.
What am I missing?