Earlier quoted context omitted.
I hear this argument all the time, but I don't really see it. What value is the ISP providing here? They sell you service on physical infrastructure that you the taxpayer already paid for? Peering? It seems like it would be much more efficient for a municipality to just negotiate citywide peering agreements for everyone. Some people try to push the "value adds" line, like IPTV and phone service, but I don't see any r…
The last mile infrastructure isn't maintenance free and doesn't last forever, so it has to be paid for somehow be it taxes or commercially. Users (in the above situation) paying an ISP are essentially agreeing to a "maintenance contract".
BTW: this is how it was with DSL. Title II has this provision, and telco companies were required to lease their lines to ISPs at a "reasonable fee" which was up to FCC to decide (this was so they wouldn't charge ridiculous prices to kill their competitors).
When Title II was reinstated, Wheeler actually excluded this provision, that's why nothing changed in terms of monopoly.