(credit: Ed Uthman)

Major Internet service providers have seemingly given up on the argument that net neutrality rules violate their First Amendment rights. But one small ISP is continuing its fight against the Federal Communications Commission, claiming that it should be allowed to favor some Internet content over others because doing so qualifies for freedom of speech protection.
“With prioritization, broadband providers convey a message by ‘favor[ing]’ certain speech—that prioritized content is superior—because it is delivered faster,” Alamo Broadband argued in a brief filed yesterday as part of the broadband industry’s lawsuit against the FCC.
Alamo Broadband uses fixed wireless technology to provide Internet access to about 1,000 customers outside San Antonio, Texas. Alamo filed the brief with Daniel Berninger, a communication architect who worked on the development of VoIP technology in the mid-1990s. Alamo previously claimed that net neutrality rules “eliminate Alamo’s discretion to manage Internet traffic,” while Berninger claimed the net neutrality ban on paid prioritization “precludes him from offering high-definition voice services that require prioritization.”
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