"The FCC's net neutrality rules state that ISPs are not to play favorites and allow some content to receive preferential treatment on a network (loading faster than another site that pays less, for example). But that is exactly what T-Mobile Binge On does, Schewick argues.
"T-Mobile says that it does not intend to become a gatekeeper on the Internet: It says Binge On is open to all legal video streaming providers at no cost, as long as they can meet some 'simple technical requirements,'" she wrote in the report.
Those requirements, however, are "substantial," Schewick says, adding that they "categorically exclude" providers that run the User Datagram Protocol (UDP) and use encryption.
"The result: Binge On allows some providers to join easily and creates lasting barriers for others, especially small players, non-commercial providers, and start-ups," the paper said. "As such, the program harms competition, user choice, free expression, and innovation.""