In November 2015, T-Mobile, the nation’s third largest provider of mobile Internet access, launched a new service called Binge On that offers “unlimited” video streaming. T-Mobile customers on qualifying plans can stream video from the 42 providers currently in the program – Netflix, Hulu, HBO, Amazon Video, and others – without using their data plans, a practice known as zero-rating.

In recent weeks, Binge On has come under scrutiny for limiting all online video to a lower speed. Slowing down online video from all providers, regardless of whether the provider is part of Binge On, seems to violate the no-throttling rule adopted by the Federal Communication Commission (FCC) last year.

But T-Mobile’s rate limiting is not the only cause for concern.

This morning, I filed a report at the FCC entitled “Binge On Violates Key Net Neutrality Principles” that offers the first comprehensive analysis of the zero-rating aspects of the program. The key findings: Binge On is harming competition, innovation, user choice, and free speech on the Internet. As such, the program is likely to violate the FCC’s general conduct rule and transparency rule.

The report is tailored to help the FCC engage in its case-by-case evaluation of zero-rating as described in the 2015 Open Internet Order. There, the FCC decided not to take a position on zero-rating and instead to evaluate specific instances of the practice under the general conduct rule. The general conduct rule prohibits practices by Internet service providers (ISPs) “that harm Internet openness” by, for example, harming consumer choice, competition, innovation, or free speech online.

Read full blog post here