It is important to understand that Comcast’s throttling practices do not actually scale back a customer’s provisioned bandwidth. Comcast’s technique simply alters the priority of a disproportionate user’s traffic so it can be preempted by users in an unmanaged state.
That's nice, but it still means that Comcast customers aren't receiving the bandwidth they're paying for. This wouldn't be a problem if ISPs were required to not oversell their networks. And yes, I'm fully aware of what this would mean for service prices.
-drasnor