I comment in agreement with the need to maintain QoS for reasons of network health, especially if you need to maintain minimum guaranteed bandwidth in the presence of misbehaving clients (e.g. botnets, ping floods, not just abusive torrenters).
However, the carriers in questions have often not been using QoS for reasons of improving service, but rather to penalize the percentage of broadband users who actually use a large portion of the bandwidth they're paying for.
For example, say you buy 1.5Mbit DSL and then carefully set up your torrent client to use a consistent 1.0Mbit during nighttime. A month later you get a disconnect notice from your ISP claiming that you were hogging bandwidth, probably leaving you SOL since that's the only viable ISP in your area.
This is the sort of business practice the FCC is trying to address.