T-Mobile CEO John Legere. (credit: T-Mobile)

T-Mobile USA will soon meet with the Federal Communications Commission about whether its controversial “Binge On” program violates network neutrality rules. But even though T-Mobile is throttling video—and the rules ban throttling—the carrier might be able to convince the FCC that an exception should be made.
The rules—which face a court challenge from a wireless industry trade group that T-Mobile belongs to—say that Internet providers, including mobile carriers, “shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a non-harmful device, subject to reasonable network management.”
Binge On throttles content based on its type, forcing a downgrade of all video to lower resolution. That’s a clear violation, right? The Electronic Frontier Foundation (EFF) argues that it is, saying that “throttling all traffic based on application type… obviously violates the FCC’s Open Internet Order.”
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