You do have a good point, but on the other hand this change is more akin to the introduction of roads and railroads where at one point the providers were extorting users and damaging the economy as a whole which did result in government intervention. What this all does boil down to is that most of these wires are being laid on, over and under public land which ISPs do not own and are given rights to by national, state and local governments.
So if it really comes down to a pissing contest of rights all you need is a simple bit of contract law which states that you if you want to be able to thread fiber through public lands as an ISP you need to follow a certain set of rules, and if not you can't keep it there.
I don't think I could have said it better myself. Who needs the FCC to change the "Rules-of-the-game", just mandate that fiber crossing public land or on public lands must follow these rules.. or go somewhere else.. Maybe space..
Don't forget, the airwaves are also considered public space as well and as such subject to government regulation. So even satellites can't get around this.
·
·