If you read
the FCC's consent decree, it seems like they're only saying Verizon can't block free tethering apps from the Android Market (or whatever the hell it's called now).
From what I can tell, they don't separate tiered or unlimited customers; they just say that Verizon can't prevent anyone from using free tethering apps.
The only two mentions I saw of tiered/unlimited customers were:
Section II, Paragraph 4:Verizon Wireless?s customer agreements in place in 2011 required that subscribers, both those on unlimited data plans and those on usage-based plans, pay an additional monthly fee if they tethered additional devices to their smartphones. Verizon Wireless referred to this feature as Mobile Broadband Connect. In April 2011, Verizon Wireless asked an Application Store Operator to filter from its Application Store eleven tethering Applications that customers could use to tether without paying Verizon Wireless?s monthly tethering fee. The Application Store Operator subsequently filtered those applications so that Verizon Wireless customers could no longer access them through the Application Store.
Section III, Paragraph 14: Other Actions. Verizon Wireless commits that it will notify, or has notified, the Application Store Operator that it no longer objects to the availability of the eleven tethering Applications described in paragraph 4 to Verizon Wireless C-Block Network customers in the Application Store. On June 28, 2012, Verizon Wireless modified its pricing plans to allow customers on usage-based plans to tether their devices without paying an additional fee, while customers on unlimited usage plans must continue to pay an additional fee to tether their devices. Verizon Wireless customers on usage-based plans who subscribe to Mobile Broadband Connect for tethering may terminate their subscription to that service without penalty
When they say usage-based customers can terminate their subscriptions without penalty, I think they're referring to Verizon's new policy that allows people on the new plans to drop Mobile Connect, not saying Verizon can keep charging unlimited customers.
And, a word of warning: The decree contains that "do whatever you want" clause that allows Verizon to block anyone or anything that could harm the network, so Verizon can probably block apps or people under that, if they want:
Section III 13-a: "Nothing herein precludes Verizon Wireless from engaging in Application Store Communications relating to particular Applications that are unlawful, interfere with the operation of and/or management of Verizon Wireless?s network, harm or interfere with devices being used by Verizon Wireless customers, or otherwise are substantially harmful to Verizon Wireless customers;"