Bottom line - Govt. Intervention looks good for Clwr
Wrong topic. Aren't you talking about something similar to Apple vs Google Voice? That's a company who is trying to control the application ecosystem of their devices. Your points apply to that problem.
Packet equality is something else. Web browsing and downloading torrents will both use TCP, with their application protocol layered on top of that. Current ISPs, including clearwire, will inspect those TCP packets to figure out what applications it is being used for (which is 2-3 layers above their "responsibility"). They can then block out or slow down to a crawl any use of their network that they don't like, such as P2P. All of this I think is fair game especially in an environment will limited resources (that's their excuse as well). The problem some people have is they would use it to also block ( or render unusable) applications that won't negatively impact other users, such as VoIP. Mobile operators would benefit from this as they make so much money from their voice services.
What those people do not take into account however, is that mobile operators do not have to explicitly block voip to render it useless. They just have to not-support it. The natural latency and jitter of wireless networks combined with even normal load would make the quality of the voice call unacceptable.
At the extreme, if all packets are declared equal, and users are free to use whatever bandwidth hogging applications anytime they want, which service do you think will be hit hardest: Clearwire with unlimited data plan mostly from desktops and laptops, or an incumbent operator with mostly mobile phone users and 5GB data cap/month?