I suspect that for conventional services that the easy to apply rule is that if a competing ISP can deliver a service without exemptions then woe to the ISP trying to claim exemption. It's smart to keep it end-user-pays to keep the com casts from ransoming the net flixes,
Even so it's hard to see how this works automatically even under U.S. Rules. Let's assume that in a neutral world there is some advantage to be had for a better stream. Would not a Netflix competitor want to gain that? And the way they can do that is by offering to pay the consumers bill for a them to get a better connection over a private network backbone.
In a related note I just had a surprising experience with HBO Now. The picture quality and startup buffering time were massively better than I'm used to from amazon or Netflix. I'm puzzled why. In doubtful that HBO has figured out some superior codec all on their own. So this means either they are getting some privileged delivery channel or that what I get from amazon or Netflix is less than the best because they are trying to save money with lower data rates or more overloaded servers.
I should mention I have only a 6mbs Comcast connection. This it's not like Netflix and amazon are trying to serve the lowest common denominator. That connection is the lowest Comcast teir.
Finally I want to dump the odious Comcast and go to DSL but I have to sign up for a year and I'm afraid DSL might suck. Any opinions?