How companies like Time Warner will defeat Net Neutrality: Self-divestiture.
The "Time Warner Cable/Internet" you know of today becomes a myriad of companies specifically designed to continue on with business as usual while still adhering to the letter of the law:
- Time Warner Broadband - a company which does nothing more than operate Hybrid-Fiber-Coax outside plant (the actual wires on the actual poles).
- Time Warner Cable - a company which leases spectrum from TWB (above), and provides cable-video service on that outside plant
- Time Warner Transit - a company which does nothing more than provide wholesale (non-retail, non-mass-market) internet connectivity to ISPs and other service providers. As a wholesaler, TWT is not encumbered by net neutrality regulations.
- Time Warner Internet - a company which leases spectrum from TWB (above) to provide IP connectivity to end-users. It obtains *all* of its internet connectivity from TWT (above), and charges metered billing to all its end-users (you pay a flat rate PLUS you pay "by the bit", the same way you pay for water or electric today).
Netflix, et al, will have to tithe properly to TWT if they want access to TWI's customers, since TWT is the only path to GET to TWI's customers. The FCC can't really punish TWI for this move, without opening up an even messier Pandora's box of trying to tell ISPs "which upstreams they HAVE to obtain connectivity from".
Yes, it'll all be a LITTLE more complicated than that, but they've got teams of lawyers to work out the details.