The caveat is that throttling is allowed if it is “reasonable network management” which is defined as actions being done with a “technical network management justification.”

And this is where legislation ends, under the ambiguity of reasonable and technical. Comcast tested this when a complaint was filed against them for throttling BitTorrent. I consider throttling BitTorrent “reasonable” and justifiable under purely “technical” reasons but clearly other people disagree. Enough people probably disagree that they had to deny any such throttling practices, meaning that in practice they would likely not be allowed to throttle based on technical reasons alone.