Earlier quoted context omitted.
That would be OK if there was a functioning market for ISPs. But there clearly isn't. Most people don't have a choice of service provider and the cost of entry is too high for new competitors to come in.
Technological barriers mean high profits for existing players. This in turn brings more and more entrepreneurs looking to bypass the barrier (either through new technology, capital intensive partnerships, or other avenues) and reach the gold.
It's an empirical question whether entrepreneurs can reach the gold when it's constantly moving, and whether the economic cost of doing so is less than the cost of some smart regulation.