Comment Give them a choice (Score 1) 190
The fundamental problem is that ISPs seem to be in a sort of quantum superposition regarding common carrier status. Whenever they're applying to use common land or using it as a legal defense, they claim to be common carriers. Whenever they want to charge people more money for certain things, they aren't common carriers.
Let's let them pick. Every year, let them choose whether they want to be common carriers or not. If they are, then they get the access to existing utility poles, and the immunity for any criminal traffic that may pass through their lines, that common carrier status entails, along with the requirements for fair pricing and universal access. If they choose not to be common carriers, let them charge whatever they want for whatever they want - but they have to build a completely private infrastructure, and may be liable for any traffic that crosses their network.
PS: "Fast lanes" basically don't exist online. You can't make some traffic magically go faster, you can only make all other traffic go slower.