An interesting point.. I had to lookup that cable broadband is an information service and thus not subject to it. CCD was also what helped break up the AT&T monopoly, so it's clear that eliminating that all together isn't a solution either because without it one company still dominated and stopped innovating/competition.
If Obama and many on HN are advocating for net neutrality, which is requiring a shift in the laws, perhaps that also means that CCD is up for change as well.
To me the heart of the matter isn't so much CCD is that ISPs would be treated as their name suggests -- simply a provider of Internet as a utility where packets go through unchanged. That they also own NBC or Hulu starts to complicate issues because their major potential is to multiply those businesses together while strangling alternatives. The opportunity is too great and allowing these mergers in the first place was a terrible idea.
The other issue is how to get them to actually compete in a meaningful way. Where I live, in SF of all places, I surprisingly have very little choice when it comes to the internet. Comcast is basically the only real choice as they blow away DSL speeds, and then that's that. No one else serves me as a consumer. And this is San Francisco! I think this is why municipalities are starting to get into the ISP business, which seems to be the only credible way to start actually giving these guys some kind of threat. That or Google fiber, but it's still pretty nascent. The US is just so big that without a meaningful way for high speeds to get distributed at a local level it's too expensive for anyone to enter. Either we need completely new technologies that allow people to enter at low cost, or we get local gov't somehow involved in facilitating basic infrastructure like water or power.