Via slashdot, this Wired post by Lawrence Lessig is definitely the kind of observation to which I think it is worth paying the most attention. I hadn’t realized the Microsoft antitrust comparison before, but I definitely see it in retrospect.
The last mile argument he makes also resonates with Cringley’s suggestion of localities forming fiber buying cooperatives. It also reminds me of a comment Dr. Yoo made in his case for non-neutrality, that the local, last mile competitors were more of a concern, that there was more legitimate competition amongst the back bone providers.
Lessig remains skeptical that innovation of the last mile will form the total solution, but he does make a good case of opposing regulation of that space if you also oppose network neutrality legislation in anyway. I think there is certainly merit in that argument.