As I said in another comment, if my 3G/4G service provider sold me the service as "X GB per month" without clarifying it can't carry voice or competing services currently it's unlawful and other companies affected could sue them. Or a class action for deceitful advertising.
Telcos want to have legal cover for that. That's new.
They do clarify in the fine print of their terms and conditions which customers agree to if they're using the service. So, it's not unlawful just because you don't agree with it, because you've already agreed to it.
There is nothing new here in the Google / Verizon proposal. They can't be both killing wireless net neutrality and seeking 'legal cover' for already doing it, especially when it didn't exist because the current status quo of 'packet discrimination' on those networks isn't illegal.
Telcos want to have legal cover for that. That's new.