The FCC is free to make this choice (right?[1]), and it means they can regulate broadband companies the same way as they do phone companies now - it will have some penalty (which is why they've avoided doing it up to now), but hopefully they will have the guts to fight back.
(note, I'm in the UK, so this doesn't affect my home internet speed, although it could affect any of you 'mericans trying to read my rather obscure blog.)
[1] I don't actually know, so by all means correct me.