§ 8.9   No paid prioritization.

   (a) A person engaged in the provision of broadband Internet access service,
   insofar  as  such  person  is  so  engaged,  shall  not engage in paid
   prioritization.

   (b) “Paid prioritization” refers to the management of a broadband provider's
   network to directly or indirectly favor some traffic over other traffic,
   including through use of techniques such as traffic shaping, prioritization,
   resource reservation, or other forms of preferential traffic management,
   either;

   (1) In exchange for consideration (monetary or otherwise) from a third
   party, or

   (2) To benefit an affiliated entity.

   (c) The Commission may waive the ban on paid prioritization only if the
   petitioner demonstrates that the practice would provide some significant
   public interest benefit and would not harm the open nature of the Internet.

   [ 80 FR 19847 , Apr. 13, 2015]

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