In the end, the FCC may well need to enact legislation to protect underserved populations, much as its always done with telecom services. The FBI has used CALEA as the means of gaining access to ISP infrastructure for security purposes. Perhaps the FCC should have a similar means to spot-check service providers' fair practices.
Regardless, that doesn't mean doing away with differentiated Internet access services. The industry needs differentiated services and need it badly. There's nothing so unfair as the fair treatment of unequals