I guess this comes down to politics ultimately. I have more faith that good solutions will be worked out by negotiation between the competing interests (Google tends to counter-balance the cable companies, consumers have options even though they tend to be limited by government sponsored monopolies for broadband provision) than by congress being captured by whoever has the most powerful lobbyists at the time the laws are passed. I take the fact that things are ok at the moment as reasonable evidence that a good solution is possible without legislation. Certainly bad solutions are possible both with and without legislation, I just tend to think they are much more likely with legislation than without.