It's not only on the app layer:
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One is a provision that would let broadband providers offer "additional, differentiated services," that would be not be subject to the same rules as the open internet. These would possibly include "health care monitoring, the smart grid, advanced educational services, or new entertainment and gaming options."
"""
Isn't that necessary though? If your surgeon is operating on you remotely, don't you want those packets prioritized over my LOL Cats download? It seems there are services that are impossible to provide without quality of service guarantees.