ISPs can still sell sub-broadband; it just doesn't count for the broadband map ( http://www.broadbandmap.gov/ ). This map is also used to determine how much competition there is in the market. So basically DSL no longer counts and many locations now only have one "broadband" provider.
Does this mean that there's a chance that previous decisions that "DSL is broadband and is thus competition to cable" might be able to be turned over, and therefore it might be possible to sue cable companies under anti-trust laws if they act in a way that prevents competition or otherwise abuse their monopoly?
DSL is not broadband; that's a done deal. Now that DSL doesn't count, Comcast has 56% "broadband" market share. http://arstechnica.com/business/2015/01/comcast-now-has-more... (I question these TWC numbers, though, since almost all TWC customers have access to 25 Mbps.)