page 29 - https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-60A1_Rcd.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-60A1_Rc... 85. Need for the No

page 29 - https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-60A1_Rcd.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-60A1_Rc... 85. Need for the No Paid Prioritization Rule. The Commission concluded in the Title II Order that “fast lanes” or “paid prioritization” practices “harm consumers, competition, and innovation, as well as create disincentives to promote broadband deployment.”189 The Commission adopted this ex ante flat ban on individual negotiations to address an apparently nonexistent problem. The ban on paid prioritization did not exist prior to the Title II Order and even then the record evidence confirmed that no such rule was needed since several large Internet service providers made it clear that that they did not engage in paid prioritization190 and had no plans to do so.191 We seek comment on the continued need for such a rule and our authority to retain it. ex ante: based on forecasts rather than actual results.