The real issue is that we allow those ISPs to determine which semis are allowed to use a bypass. Public's ( even technologically advanced public's ) mixing of the two issues is why NN fight would continue to be lost.
To address your point, I do not see an issue for ISPs charging for PNIs as long as those charges are uniform. If I, JoesFlix, have 100Gbit/sec traffic to Comcast and Comcast says "In order to access EP-Bypass, traffic has to come from AS that has more than 90Gbit/sec traffic to us" then Comcast should not be allowed to prevent me from accessing EP-Bypass. Congestion is bad for business. Sane PNI rules are easy:
0. there's some access fee ( typically it is actually - you must show up in X places - how you get there is your cost )
1. we get even number of PNIs.
2. i order and pay for half
3. you order and pay for half
As a site owner, you pay a service provider (or cloud hosting service or whatever) to offer you a certain amount of bandwidth to host your site.
The problem comes when other ISP's implement their fast lanes and traffic from your site doesn't get equal priority to traffic from another site who has paid that specific ISP to prioritise their traffic when serving their customers.
So you end up having to pay multiple ISP's to prioritise your traffic on their networks. Your site could appear slow even if you've paid your own service provider for a high bandwidth.