It is a double dip. The ISP customer already pays for that bandwidth and internet connection. Asking the customer to pay a second time or asking netflix to pay is clearly double dipping. Trying to call it something else is just silly!

>causing general service degradation

Customers using their internet service they pay for isn't causing service degradation. If the ISP oversold or lied about being able to provide the service they were selling that is another issue. The response to that shouldn't be charging more for a service customers already pay for.