"After weeks of public outcry over the proposal, FCC Chairman Tom Wheeler said the agency would not allow for unfair, or "commercially unreasonable," business practices. He wouldn't accept, for instance, practices that leave a consumer with slower downloads of some Web sites than what the consumer paid for from their Internet service provider."

From what I understand, your example would not be permissable. I know there are downsides to this, but a lot of the negative sentiment I see about this seems like an exaggeration which may not work in our favor.