I understand what you're saying, but I have two problems with your analysis.
The first is that unlike the electrical grid, telephone and internet are *unlimited* resources, or more accurately, they are only limited by the infrastructure in place, and even then, it's usually only the last hop that limits the connection, not the backbone. So while my local cable company may indeed have trouble between 5-6 PM, that trouble is entirely within their infrastructure - it's not that "the net" is "busy".
That being said, it leads me to the second problem I have, which is that by allowing the access provider to define the last hop total bandwidth, and then partition it according to a tiered pricing plan, you are basically allowing them to set the scarcity of a 'resource' to fit whatever price they want to charge for it. It gives them absolutely no incentive to improve upon their infrastructure, just the opposite in fact. Why would they increase their overall bandwidth and reduce the scarcity that they charge a premium for?