What would prevent... ...a city from refusing to let a company that imposes caps use public rights-of-way for their cables? I'm not talking about franchising here--the company would still be free to offer service, but they'd have to figure out some other means of running their cables around the city. If they want to offer capped Internet, they can remove their lines from public areas and negotiate with each property owner whose land they wish to cross.
bigunkGort, Klattu Birada Nikto
That would be interesting, but they'll probably have prescriptive rights of way that will be upheld by whatever judge they buy.