Serious question - what's the incentive for new ISPs to build their own infrastructure?
As a competitor that's the last thing I would do is build, given the extraordinary cost and political BS involved. I'd put all of my effort into riding existing infrastructure for as long as I could.
Well, my opinion is probably not popular, since very few companies appear to be rolling out fiber.
But as someone who tried (and failed) to raise funds to start an ISP to build their own infrastructure, I would do it because it allows better return on investment.
Title II will (presumably) make cable companies open their cable lines to other customers. This will let competitive companies offer 20-100mbps DOCIS 3.0 service. But that's not super compelling. (It's compelling -- very few people like dealing with Comcast and many might switch on that alone. But you'd be offering roughly the same product they sell)
But fiber is the future, and is a huge competitive advantage. (10x performance for the same price). The first person to lay the fiber in a city doesn't just make money on their own network, they make money on all networks. Title II would make them open those lines up to competitors, but there's a lot of money to be made by getting cash from every subscriber -- even the ones who choose your competitors.
There's no incentive for the second fiber ISP to lay fiber. But for the first one to get there, it's much like a land-grab-to-rent situation. Doing that now (before AT&T and Comcast do it) would be smart -- regardless of whether Title II passes or not.
As a competitor that's the last thing I would do is build, given the extraordinary cost and political BS involved. I'd put all of my effort into riding existing infrastructure for as long as I could.