You write one of the most amazing things I've ever read: These are just bits we’re talking about. Making them into “service type” decides the question up front — they’re not services until the carrier decides to call them that. Wow, Professor. May I suggest that you ask a network engineer if this is remotely true? At issue in the COPE Act is the fact that some bits are in hurry while others aren't, and from this fact a number of service levels are readily apparent. If all bits were just bits, tiered levels of service wouldn't be an issue. And it's also the case that COPE only applies in areas where there is an incumbent cable franchise, so it's a competitive scenario in every case. Broadband may not be as diverse and competitive as we'd like, but under COPE it's hardly a monopoly.