If the server the customer is connecting to is able to specify which link to use and the server pays the bill for that usage, that's a different matter. If a bad ISP implemented this and made the slow path absurdly slow, servers would be forced to use the fast link in order to access the ISPs' customers, and now the ISP is forcing Netflix et. al. to fork over money just to be able to access their customers. That will hurt the Internet, and current regulations do not allow it.
Lets say I'm an ISP and I build out 2 networks. 1 is 10 times faster than the other. Both end up at the same place and then go out to users.
If I offer companies the option of paying more for the faster network, why is that a problem?
In your scenario it certainly seems reasonable that I should be able to just switch off the slower network, and keep the new prices under the argument that I put in significant amounts of money to upgrade.
> If I offer companies the option of paying more for the faster network, why is that a problem?
If the company in question is a customer of the ISP, there is no problem. The problem I mentioned was when you, as a company, have to pay money not just to your own ISP, but to your customer's ISP, just to give them their data.
Is it harmful to the internet? Yes, because it promotes winners and losers. Not just from the consumer perspective. Maybe corporations can pay to have faster downlink to your customers using the same technology.
Current regulations do not allow it. Or, at the minimum, it's a grey area.
You might have seen your argument branded as an "internet fast lane," which I'd suspect would be so much of a fast lane as a slow lane for everyone else.
So then, concretely: say I have an expensive, faster link in my network. I don't look inside the packets, but I allow them to specify some flag in the header that indicates they want to use the fast link (and I keep track of which peer is requesting it to compare to how many such usages they've paid for).
Is that a NN violation? Is that harmful to the internet? Do current or proposed regulations allow it?