I would imagine that a new division is really only going to apply to football, and possibly MBB and WBB. The Big East will certainly want to be part of the new, top division. But does it's media contract make it feasible to join the pay-the-players division? But even if it does, why would Nova have to play FBS football? It doesn't have to now to play DI basketball.
Same with Hockey. None of the mentioned schools play FBS football now. DI Hockey can remain DI hockey independent of division in other sports. The reality is very few P4 schools will have hockey, certainly not enough to have a viable, independent subdivision. And I wonder how many hockey programs are actually revenue sports? I recall reading not long ago that at UND, one of the top hockey programs in the country, the program itself actually did not make money. A school like UND isn't going to be able to pay players in the brave, new, college sports world.
There's a lot of detail missing from the NCAA proposal, if it is even a proposal yet. It's hard to imagine how it works without some of the same type of carve outs that now exist.