The problem here isn't whether you can adjust shapers or rules for jitter and reliability.
The real problem is that Comcast (or any ISP) can decide to impose a consumer monthly cap and charge for overage, after which they can also *not count* Netflix against that cap while still counting Hulu or PlayStation Vue against that cap. Practical network management is a red herring to distract from uncompetitive business practices. There may be some naive non-experts who would want to jump into routing and low-level management, but that is a staggeringly small minority that could be easily convinced to stand down.
The real game is in market-changing billing practices that enter under the pretense of responsible network management.
Step one is to take an honest look at the vast distinction between those areas of concern and consider policy honestly and realistically. That is, by the way, something that I wouldn't anticipate in the near future from this administration or the FCC. The obfuscation is convenient and intentional.