Carol,
You mixed metaphors quite deftly there and I think that you have many valid points, but you need to clarify this.
You go from the commentary about Local Loop Unbundling, where a competitor rented a line that was owned by an Incumbent to complaints about Bandwidth Caps by Netflix. There is an analog there but they are very different. Netflix does not want to rent a line and become the customer's ISP. And I think this is where the problem and confusion around all this starts.
There are really 5 entities here: Content Provider, Internet Core Provider, Internet Service Provider, Access Service Provider and Customer. In some cases, several of those are within the same company (the large ISPs are generally Tier 1 ISPs and have direct access to "The Internet").
Where I see the problem different than most is that in the olden days (90s and early 00s) their was the notion of ASP and ISP truly being two entities. The telcos and cable cos killed this in general or have worked very hard for this to be dead. Why the cable cos can get away with it 100% and the telcos can not is beyond me. To do this, they made the ISP portion of the business "free" and put all the cost to the customer in the ASP portion of the business.
It turns out that being an ISP does not cost 0 and I do not think the problem is with the ASPs but with the ISPs. An ASP does not care about bandwidth caps because to him or her each endpoint has bandwidth that is unique. The problem comes in where they are heavily aggregated - at the ISP. The ASP has to build networks to sustain large bursts of traffic at maximum rate (hey I want to stream an HD movie). It is the ISP that doesn't want 10K HD movies being streamed.
Now I use this as an example to try to illustrate a point. These caps are applied by the ISP business - which nowadays is not a great business to be in. Imagine if you did structural separation FOR ALL NETWORKS and all ISPs with their 0 revenue poof went out of the residential ISP business.
So, first I think it is a bit more complicated and second I think we need to be clear about the issues.
seven