Which highlights the problem with what Net Neutrality morphed into - it became something that meant everything and anything - not just "dumb pipes" like it originated as.
Ask 3 different people what Net Neutrality means and you'll get 3 different answers. How do you legislate that and make everyone happy?
This highlights the foolishness of "net neutrality", which is really just code for "my team should regulate the internet".
0. Even assuming lossless/infinite backhaul capacity, it gets messy when guessing about what's deployed in terms of packet prioritization of tower -> handset.
1. Once deployed and maintained, the marginal cost of data is much closer to zero than what customers are being overcharged. Even if it's going from a cell tower to cheap dark fiber or trenched in, it's still nearly the same amortized cost. Also, there is plenty of spectrum channel capacity.. the "bottleneck" is the backend of the towers or their backend upstream in the region.
2. Xfinity (optical, fixed-premises "cable") has a 1 TB limit for certain US states but not others, where they have unlimited data allowances. So it's not about infrastructure or data transit costs, it's about making money from relatively richer people.
It would be a good requirement for internet-providing carriers to be required to publish their effective channel capacity oversubscription ratio (for upload & download) for each internet-connecting plan that is offered in each ZIP code.
[0] I guess I am wrong in believing this should is respected
This is conditional on resources or on the possibility of a class action. In practice I agree that this condition is almost never satisfied.
I mean a VPN could legally do that, and in the case of a ISP my personal idea of net-neutrality would be that a neutral service needs to be available and that non-neutral offerings needs to be clearly marketed as such.
I honestly see this as a possible drive to competition, as ISP would be forced to disclose how shitty or not the service is.