What do you need to have in place if someone alleges you are not neutral? Your accuser might present well collected evidence that Hulu performance to your customers is worse than Netflix's performance. You will then claim "but we didn't do it, it is just the luck of the draw on how we choose to buy interconnect bandwidth". Is that good enough to protect you? How can you prove you didn't choose the interconnects to screw Hulu?
So there is a burden. If there is no requirement, even if you never take money to slow down someone's competitor, you are relieved of this burden.
There's a lot of revenue in charging both sides for connectivity, so it doesn't matter which is "easier", only what is more profitable.
There is a burden, yes, because you've got to ensure that traffic to external networks is not unduly impeded. That means that as you expand your infrastructure, you've got to expand your interconnections to other ISPs. Additionally, if your competition expands, you may need to expand just to keep up. It's could make investment in infrastructure more expensive since you can't just grow; you've also got to upgrade. It the big players will feel like they need to create infrastructure that will be used by the little players, and the little players may feel like .
Of course, the above has to happen anyways because faster networks is one of the best ways to reduce costs and attract more customers. So the real issue is that if you don't do it, you'll get FCC regulators knocking on your door.
Here's what the FCC said Net Neutrality is in the FCC Open Internet Order (2010):
1. Transparency: Consumers and innovators have a right to know the basic performance characteristics of their Internet access and how their network is being managed;
2. No Blocking: This includes a right to send and receive lawful traffic, prohibits the blocking of lawful content, apps, services and the connection of non-harmful devices to the network;
3. Level Playing Field: Consumers and innovators have a right to a level playing field. This means a ban on unreasonable content discrimination. There is no approval for so-called "pay for priority" arrangements involving fast lanes for some companies but not others;
4. Network Management: This is an allowance for broadband providers to engage in reasonable network management. These rules don't forbid providers from offering subscribers tiers of services or charging based on bandwidth consumed;
5. Mobile: The provisions adopted today do not apply as strongly to mobile devices, though some provisions do apply. Of those that do are the broadly applicable rules requiring transparency for mobile broadband providers and prohibiting them from blocking websites and certain competitive applications;
6. Vigilance: The order creates an Open Internet Advisory Committee to assist the Commission in monitoring the state of Internet openness and the effects of the rules.
Interestingly, one of the chief arguments against Net Neutrality has been that it could allow regulatory capture. That's rather hilarious, given what's happened with this FCC chairman.
If $encrypted_internet_video_provider wants to dictate how traffic is routed on a network, perhaps they should buy their own network.
As an example, Apple has over $200Billion stashed away in overseas accounts avoiding taxes. They could just buy Comcast, which has a market cap of $181Billion. Then it's their network, and they can run it however they see fit.
I bet Apple would rather have Comcast deal with the messy business of handling customer support for millions of boomers who can't "program" their VCR, while Apple siphons all the profits from online video streaming. That sounds a lot cheaper to owning and operating the networks themselves.
If the ISPs don't want to be in the business of carrying data, then the answer is very simple - get out of the business and give back all that infrastructure that was built out with public resources!