So the solution should be to take away the regulations that made it so, not add on more as a patch.
"Here, there's a problem because regulation has made the market not free enough."
"I know, let's fix it with more regulation!"
Also, freeness isn't binary, it can be more or less free. It's free enough that Google Fiber can exist. As long as it's possible to open something given enough money, there will be an upper limit on how much companies can screw their customers, which doesn't seem too high to me.
I support regulation in other places, I don't consider my position one sided that way. I have a high bar for the benefit that a regulation needs to pass before I agree with it, but I'm not against this only because it's regulation.
Some solutions would be to fix the laws allowing these lawsuits to go on like this, perhaps requiring the loser to pay the costs for frivolous suits like the ones described, or stop the FCC regulations that are the official cause of the lawsuit.
Why doesn't the government go after the monopolies under anti-trust laws?
Internet access isn't a Free Market anywhere in the US, that much should be clear. There is no consumer choice going on here.