The really important win for NN though, will happen with the eventual (and inevitable) move to large-scale wireless broadband. The costs are lower from a setup standpoint, but more importantly they require permission from the public (through the US government) to use a certain spectrum of broadcast for transmission. That’s where the FCC has claws.

Until then, we’re talking theoreticals, where Comcast’s (legally viable – if not morally) argument is “We paid to lay the fiber and copper, we make the rules on our network. The customers are free to leave and use another service if they don’t like it.”