Not the same thing. You are charged by your ISP/Cable Co for an expected usage of the network. If users start overloading it then the prices will have to increase in order for them to provide you with the same 5 mbs that you contracted with them to offer you. There is no law that says you get to have broadband for $39.95 all you can eat.
In fact, none of what this thread is about would be a problem.
As it is, I have as much choice in broadband as I do in electricity, tap water, or garbage pickup.
Any company that wants to have a monopoly in access to my home should expect to be regulated like a monopoly.