If all those things happened they would have any customers.I think the bitch is that there is no technical reason why Facetime over 3G is different from Skype over 3G. (For purposes of this discussion)
ATT's choice to treat that data differently violates the principal of neutrality, if not the letter of the regulations promulgated by the FCC.
I don't really use Facetime, however, allowing ATT to discriminate against this feature sets a precedent that may affect a feature I *do* want to use in the future. (In fact, these nonsense rules have affected me as I desired to have the hot spot feature available and would have paid $20 in addition to my plan to have it but it cannot be provisioned together with unlimited data - so I took this business to Verizon)
What if ATT prohibited cloud downloads from Apple via 3G for grandfathered unlimited users? Their interpretation of neutrality would make this a legitimate exercise of their discretion. How about email? How about Safari? VVM? iMessage? Those are all integrated applications as well. At what point does it become unacceptable?
(I have to admit I am surprised they haven't tried to monetize iMessage yet - it has the potential to significantly erode text profits)
Reading the law it seems pretty straight forward that any preinstalled app on a phone the carrier has the option to limit the usage.
So there is a big difference between Skype and Facetime. One is downloaded and one is preinstalled