I'm having a hard time following the EFF's argument on the first point. They're saying that the FCC is wrong that "[e]nd users do not expect to receive (or pay for) two distinct services—both Internet access service and a distinct transmission service, for example." But this doesn't seem like an incorrect statement: I don't think consumers do expect to pay for these as separate services.
Break it apart, practically, I think you will see it differently: Internet Connection: $34.99/month Bandwidth Use, up to 5Gb/mo: $49.99/month An "internet connection" in the FCC's estimation, is the wire running to the house, but NO DATA running over the wire. If you want to actually transmit data across that wire, it is an extra fee. THAT is how the FCC says the public wants the internet to work.
I don't see how that follows from their quote ... the FCC says that people "do not expect to pay for two distinct services." How is that consistent with what you're saying?