The best model in my opinion is if a municipality lays the fiber, then opens the infrastructure up for renting under FRAND terms to all ISPs. When I say infrastructure here, I mean both the fibers and the associated rack space on the other end of the fibers, including power and cooling.
Regarding the specific questions in your post body; I think you should be fine, because a smaller ISP is not as much of a target for intellectual property enforcement, and they probably won’t have a big compliance team like the big ISPs can afford.