Misinformation.
Under all previously proposed NN rules, throttling is always allowed for network congestion and mobile actually does have a legitimate network congestion issue.
I personally would rather T-Mobile make a promise about the speeds for the first 25GB rather than say "UNLIMITED*" and make that asterisk any time they feel like it.
Likewise, they could always make allow-lists in throttling, they just couldn't make block-lists.
Nothing in your example would be better under NN rules as actually defined.