It might not be the same kind of “open internet” issue the FCC had in mind, or tried to establish, in the net neutrality regulations last year, but “the test for the FCC might be: are they applying the cap to ALL data, or is discrimination happening,” notes Kevin Erickson, spokesperson for the Washington, DC-based Future of Music Coalition. “Granted, streaming video is the way most users would get to the point of that much data usage, but they may not be, technically. Obviously, Comcast would prefer for you to do your binge watching through their Xfinity platform, rather than through Netflix or other ‘over-the-top’ services. But they’ll be able to claim that because they apply the cap to all broadband data the same, it’s not prioritization. Sneaky, huh?”

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