While not saying it should go ahead or not, if the FCC do approve the Comcast/TWC merger, they ought to require a separation of retail and wholesale, along the lines of what happened to BT in the UK. Added to this, the wholesale side should be required to sell broadband access to independent ISPs, again in the manner of BT. They should be required to provide what they sell, so a 50Mbit pipe should be capable of delivering 50Mbit from the ISP's end point to the subscriber and not slow down at peak times due to congestion on the Comcast network. Obviously if the ISP has crap throughput then that's between the ISP and its customers. A regulator with a big stick should oversee all of this to make sure that faults don't mysteriously affect only non-Comcast customers.