The BBC has decided to run a story from the UK, presumably to 'bring home' some of the Google-Verizon action Stateside. But its a funny example they have jumped on - BT Vision shapes traffic so that its subscribers can watch IPTV if they order programmes on-demand. It is only for those subscribers and its presumably an inferred consent - indeed demand - to traffic-shape which is obvious from the service provided. If you don't want traffic shaping for BT Vision, sign up to a different provider and don't look for on-demand video, simples. More to the point, this service makes its selling point that it does offer on-demand IPTV - so its traffic shaping is actually part of the service. It would appear to be entirely transparent before the point of sale that this is what you're getting.
The Beeb does focus on Ofcom's consultation when it has largely made up its mind that the only real problem is consumer transparency (where it has some good ideas): "Just as the regulator Ofcom argued in a recent paper on the issue, BT believes that net neutrality is a wholly different concept in the UK than in the United States."