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FCC explicitly prohibits fast lanes, closing possible net neutrality loophole

Accepted submission by Freeman at 2024-05-08 17:55:42 from the corporate schadenfreude dept.
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https://arstechnica.com/tech-policy/2024/05/fcc-explicitly-prohibits-fast-lanes-closing-possible-net-neutrality-loophole/ [arstechnica.com]

The Federal Communications Commission clarified its net neutrality rules to prohibit more kinds of fast lanes.

While the FCC voted to restore net neutrality rules [arstechnica.com] on April 25, it didn't release the final text [fcc.gov] of the order until yesterday. The final text has some changes compared to the draft version released a few weeks before the vote.
[...]
Advocates warned that mobile carriers could use the 5G technology called "network slicing" to create fast lanes for categories of apps, like online gaming, and charge consumers more for plans that speed up those apps. This isn't just theoretical: Ericsson, a telecommunications vendor that sells equipment to the major carriers, has said the carriers could get more money from gamers by charging "up to $10.99 more for a guaranteed gaming experience on top of their 5G monthly subscription."
[...]
The final FCC order released yesterday addresses that complaint.

"We clarify that a BIAS [Broadband Internet Access Service] provider's decision to speed up 'on the basis of Internet content, applications, or services' would 'impair or degrade' other content, applications, or services which are not given the same treatment," the FCC's final order said.

The "impair or degrade" clarification means that speeding up is banned because the no-throttling rule says that ISPs "shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service."
[...]
In one FCC filing [fcc.gov], AT&T promoted network slicing as a way "to better meet the needs of particular business applications and consumer preferences than they could over a best-efforts network that generally treats all traffic the same." AT&T last week started charging mobile customers an extra $7 per month [arstechnica.com] for faster wireless data speeds, but this would likely comply with net neutrality rules because the extra speed applies to all broadband traffic rather than just certain types of online applications.
[...]
Broadband providers plan to sue the FCC [arstechnica.com] in an effort to block the regulation.

Previously on SoylentNews:
FCC Restores Net Neutrality Rules that Ban Blocking and Throttling in 3-2 Vote [soylentnews.org] - 20240426
Cable Lobby Vows “Years of Litigation” to Avoid Bans on Blocking and Throttling [soylentnews.org] - 20240404


Original Submission