Stanford CIS

Net neutrality expert to FCC: T-Mobile's Binge On is 'likely illegal'

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"A Stanford law professor and net neutrality expert filed a report with the FCC claiming T-Mobile's (NYSE:TMUS) Binge On "harms competition, innovation and free speech" and is likely illegal.

In a 51-page document, Barbara van Schewick provided more than a half-dozen reasons why the zero-rated mobile video service "harms Internet openness" as defined by the FCC's Open Internet Order of 2015. The service enables T-Mobile to give some providers a competitive advantage by making Binge On video more attractive than other video because the service doesn't incur data charges, van Schewick noted. Similarly, it constrains consumer choice by enabling users to watch unlimited video from Binge On providers but not from their competitors.

The professor also said Binge On's technical requirements "categorically exclude providers like YouTube," which uses different protocols, and discriminate against providers that use encryption and other technologies. "Binge On allows some providers to join easily and creates lasting barriers for others, especially small players, non-commercial providers, and start-ups," she wrote. "As such, the program harms competition, user choice, free expression, and innovation.""