If the ISPs are against it, the FCC should do it. Period. The ISP's industry track record backs that up.
As for impeding further broadband investment, well, what investment? Most (all?) of the broadband expansion in my area was paid for with various government grants of which they pocketed most of, raised prices, and then asked for more. So all we're asking for as far as that goes is what we, the taxpayers, have already paid for....multiple times over, in fact.