The tax breaks and other incentives given to the telcos by Congress in the 90s for network build-out never actually mandated the construction of residential high-speed fiber networks. (Read the 1996 Telecom Act if you don't believe me).
The telephone companies were never legally bound to deploy 50mbps symmetric FTTH. What actually happened was that some telco execs testified to Congress that incentives would hasten FTTH deployment. There were some extremely bold predictions made--predictions that turned out to be wildly optimistic--but if you look at the legislative history of the 200 billion, there is simply no basis for jailing anybody.
"If I do not want others to quote me, I do not speak." -- Phil Wayne