I agree, this is the crux of the argument. Broadband ISPs have been guilty of this for some time. Mobile players are generally getting a little more leeway by capping total transfer per month and not talking about rates as much. And T-mobile's "Binge On" product has been mostly hailed as pro-consumer, even though it does shape video down to SD bitrates and is a direct violation of the "paid prioritization" tenet of net neutrality as described in FCC's directive.