§ 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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