That sounds like a bug with the "net neutrality" bill! Why shouldn't ISPs be allowed to sell QoS? Net neutrality should stick to dealing with filtering, which is the real problem. So long as they let the traffic through, it shouldn't matter if they do QoS on it.
For example, I would very much like, as a consumer, to be able to purchase internet service with 10-50 mbps bandwidth, but maybe only 5 GB of low-latency bandwidth. I can then set the proper QoS flags on my VoIP packets for realtime phone conversations, while leaving bittorrent running with standard/bulk QoS flags.