The National Cable & Telecommunications Association said that anticompetitive paid prioritization would create Internet fast and slow lanes, but that the FCC's proposed approach to restoring net neutrality rules would prevent that from happening. By contrast, NCTA tells the FCC in its latest round of comments on new Open Internet rules, a change to a Title II approach would be "Unlawful, unnecessary, and profoundly unwise."
Instead, says NCTA, new rules supported by the FCC's Sec. 706 authority to promote timely and universal broadband gives the FCC the power to prevent "anticompetitive" paid prioritization that "would create" those fast and slow lanes, while allowing "commercially reasonable" arrangements between ISPs and edge providers.
FCC Chairman's proposal to use Sec. 706 authority would include allowing paid prioritization above a certain baseline of service, but would not allow commercially unreasonable discrimination. FCC Chairman Tom Wheeler has said he does not think anticompetitive paid priority that results in Internet fast and slow lanes is commercially reasonable, but critics say the next chairman may not agree with that judgment call.