The original two choices I listed were carefully worded. The second choice is "legislative commitment", meaning that the legislators who choose to not adopt option one (enforcing net neutrality) would remain committed to overseeing the support of the principles of allowing free market forces to occur.
In reality, option two would rely more on the judiciary protecting fair application of free markets. But even the legislators sit on oversight committes that can definitely have large impacts on steering the nation's industries, in more ways than just enacting legislation.
I'm still trying to get my mind around this. So far it just keeps seeming like the two likely choices I listed and a few more which seem less likely.
1. Legislate that net neutrality will be protected. This results in something like the status quo: no tiered internet; sketchy streaming and VOIP, etc until there's a technological breakthrough. LIKELY. At least, its a stated goal of some.
2. Legislate a tiered internet. Proactively produce legislation that states it protects the goals of whichever companies benefit from this arrangement. UNLIKELY. At least, it seems unlikely that there will be strongly worded legislation designed to specifically, directly support the end-goal of "tiered internet."
3. Legislative package supporting conditions for tiered internet. That is, a few tweaks and policies that allow favorable conditions for the possibility for the development of ideas, some of which may possibly include "tiered internet"-type innovations; that is, if some private entity wants to do that. LIKELY. Again, likely means that it seems to be a stated goal of some legislators.
4. Indirect legislation. That is, seemingly minor legislation or legislation that doesn't seem to directly address "Neutrality v. Tiered" per se, but does affect the outcome. For example, someone mentions that the telcos actually own the lines, so shouldn't they be able to do whatever they want with it? Even if that means charging others for access to those lines? Well what if the government determines that the lines were put in with government subsidies, giving the government a say in how the lines are used? This sounds similiar to 3. above. When this particular issue starts to get nuanced it really loses me. I have no idea how likely this may be.
5. No legislation. The government stays out of the issue completely. Either on purpos or due to beuracratic snafus the government doesn't even give symbolic support to any of the different sides of the issue. Eventually one company or industry will do something that another company doesn't like. How long will that be in court? Will the US drop further in the international broadband rankings? We'll have flying cars and moon resorts before we achieve 10 mbps on the net.
I can't see the government staying entirely out of this. I'm a "small government/free market" guy. But I think big brother is going to eventually have to referee the issue at some point. Maybe it would be better if Uncle Sam takes a stand on what some of the rules of the game will be before the game starts.
There already seems to be a lot of public interest already tied up into the whole situation. Billions of dollars in the "Universal Coverage" program. Also, a reasonable interest in providing universal coverage. Not that every desolate ranch cottage has exact parity with urban bleeding edge geeks, but at least some capacity to participate with basic functions of the net.
Rural poor are more likely than urban middle to upper class to use the internet for education. IP has been shown to be more reliable for communications during a disaster. Is the internet becoming more like a utility? Should rules and attitudes applied to utilities also apply to the internet?