The title explains how confused this idea is. This is just semantics. If there is a priority lane, then exclusion is the same as a downgrade in speed. The same way AT&T and others have done with "unlimited" data plans. They claim you can keep them for life, but the people grandfathered in are excluded from new features, making that unlimited data useless. It will be the same thing here. You can't claim this is anything other than a re-wording to calm the public.