ISPs aren't run by complete idiots. They knew this current switch back was a likely possibility. If they had rushed to implement service tiers, it would have given even more ammunition to the net neutrality debate.
Now they can say "See we had a chance for a few years to do it and didn't, so we need to pass laws to make sure net neutrality is illegal to protect our freedom." They'll pay some politicians to push something like the "Internet Freedom Act" and then they'll be good to go.
It seems to me that simple market economics offers a compelling alternative. The more they screw the customer, the more room there is for new or existing competitor, be that something like Starlink or one of the many micro-ISPs being able to grow a bit. You need to create some economic model where these tiers are both profitable and don't expose you to a reasonable fear of competition. That seems quite difficult to do.
The only reason the internet hasn't gotten significantly worse is because we DID have net neutrality for a while, and they knew it would come back once Democrats had a majority on the FCC.
[0] https://www.eff.org/deeplinks/2016/01/eff-confirms-t-mobiles...
https://en.wikipedia.org/wiki/California_Internet_Consumer_P...
Not working out for them so far:
> Ninth Circuit ruled unanimously in January 2022 that California's net neutrality law may continue to be enforced and cannot be overridden by the FCC as, current as of the decision, Internet services were classified as information services
One is the double charging of services. Buy service XYZ on the internet then the ISP says 'hey you buy or special package or ABC is throttled'. That is the one most people think of when they hear net neutrality. Or 'we have not cut a deal with XYZ no data for you'.
Then there is the 'stop the cap' ones. Where 'hey here is a nice unlimited service except when you use more than X data then its not'. 'want more data pay for more on top of your "unlimited" plan'.
Then instead of passing laws to do it right they pretzelled the existing laws. Made some up and said yep thats good. Each "side" of the argument has had control of both houses and the presidential. Yet none of them got it done. Instead we are going to end up with more rubish and no real laws. Just made up interpretations that can change on a whim.
ISPs also charge content providers to peer, getting paid three times for the same data.
The two are not set in stone
Give it a few years of throttling youtube to 480p if you don't have a premium plan and regular consumers will get used to more
The cell phone companies around here also all have some form of blurring video for some streaming providers, and bundling subscriptions to other video providers.
Comcast definitely weaponized data caps with absurd overage fees, and also didn't invest in backend network infrastructure until they were under 3MBps average video streaming speeds on their 100MBps plans.
This is almost certainly related to Comcast's handoffs to content providers, and not their backend which had plenty of capacity for commercial customers.
I've seen the margins ISPs make on these connections, and they went from acceptable but good to absurd, its not like they were starved by net neutrality either.