The law should absolutely apply equally to everyone. However, given the purpose of the law, it should have been written along the lines of "offering gigabit Internet service for less than $100/month". Because gigabit Internet access has been possible for a long time, if you paid enough; the innovation is making it available to everyone.
It may not have been legal for them to set a price cap.
That said, I'm absolutely convinced that all laws must be written with the assumption that someone will try to abuse them, and after a law is written, a completely separate and independent group should "audit" it to find flaws/loopholes and fix them. Basically, treat it like security: never trust the user (i.e. the people and entities who must follow the law).