If a corporation does not use and has never used public funds for infrastructure, then they can do whatever they want. If they use public funds to setup an area monopoly they should NEVER be allowed anything other than Net Neutrality, or lose their area monopoly.
Broadband should be defined as anything 10Mb and above, continuous bandwidth. So they cannot use DSL as a competitor (If it is below 10Mb still), or UseNET as it is not continuous throughput.
With this straigh forward definition, all this back and forth will go away. If a company wants to do crazy things with bandwidth, then customers will have options to go to.