For the same reason that we cannot seem to end the monopolies. Right of way contracts were negotiated decades ago to the exclusion of competition. If I could buy some cable, run it underground between my house and my chosen isp, I would. And I'd buy fiber because I don't want crappy speeds, but I can't because laws, ordinances, regulations, and right-of-way.
Exactly. So let's add more regulation to a problem that can't be corrected because of existing regulation that no one put an explicit end date on.