The problem with the argument is the phrase "take advantage of this status as Title II." The default state of affairs is that a company does not need a reason to raise its prices. Title II forces rate regulation. So Verizon didn't "take advantage of Title II" to raise rates. It raised rates despite Title II. Doing that is not at all hypocritical against the argument that Title II will decrease capital investment. Indeed, it's entirely consistent with that argument. Investors are less likely to throw $23 billion into building a fiber network if they have to work within a regulatory regime where they need permission to raise prices to fund upgrades.