Common carrier laws established in the 1996 Telecommunications Act were doing a good job insuring that ISPs were competitive, by requiring regulated, bulk wholesale access to local loop elements to competitive (non-incumbent) carriers. Most cities in the US had a wide variety of DSL options, which was possible because of this common carrier system.

Things were kind of going ok with that!

That all got royally hosed when pro-big-business Supreme Court activism sided with Verizon's stance that they Verizon should have monopoly rights to fiber, in Verizon vs FCC (2002). Now suddenly telecomms could go back to their nasty old ways, which they have.