Rule #3 sounds misguided: since Netflix relied heavily on a single transit provider to reach ISPs, that made Netflix vulnerable to single-point congestion. To the end-users, this gets perceived as throttling but since it is a transit issue, the third rule does nothing to prevent that.
At the same time, this rule also prevents services that could legitimately benefit from prioritized traffic forwarding (high quality VoIP, very low latency/jitter gaming and real-time streaming, etc.) from ever launching over public networks. To accommodate these types of service, extra capacity would need to get built to ensure promised quality standards are met and that spare capacity would usually be available for normal traffic when not in use by those who paid for it.