Do you actually believe that these points are useful? You're distancing yourself from "agreeing" with them, maybe because you know how wrong they are, but you still seem to be sympathetic to them.
>1) ISPs have almost never tried to throttle by traffic type
They have been shown to do this, have an interest in doing it, and it's illegal to do it. Say you're playing chess, and you consider making a move such that, if they move their rook to h7 it would be mate for you. Is it a reasonable argument in favor of making the move anyway to point out that your opponent "almost never" moves his rook to h7?
>2) business model innovation (e.g. zero rating, etc) can have positive effects
This is difficult to disprove since the statement is incredibly weak. "Can have"??! ISPs have local monopolies everywhere they exist. Business model innovation for monopolies is exclusively going to be about charging people more money for the same service, and protecting your monopoly status. You could argue that this is a positive effect, but not to me, and probably not to this board.
>3) internet access has lots of room for improvement that will require investment, and tying the hands of the providers may prevent that.
They have no incentive to improve it as long as they maintain their monopoly status. People are already being charged as much money as they are willing to pay for their internet access, you can't improve the service and expect to extract more money from them.
In short, none of these points have any merit at all, and if you present them in the future, you should also explain why they don't make any sense.