> They're saying you can't offer improved service to "exclusively" your affiliates, but you can allow anyone with enough money to pay for "improved" (aka normal) service.
No, they aren't. They are saying that you presumptively cannot offer enhanced service exclusively to affiliates, and whether you can or cannot do so under other terms is governed by the screening factors for which they seek input from the public in the next bullet point, where the FCC "asks how to devise a rigorous, multi-factor 'screen' to analyze whether any conduct hurts consumers, competition, free expression and civic engagement, and other criteria under a legal standard termed 'commercial reasonableness.'"
Note that this directly addresses the language of the limitation on the FCCs authority to regulate dictated by the DC Circuit.
No, they aren't. They are saying that you presumptively cannot offer enhanced service exclusively to affiliates, and whether you can or cannot do so under other terms is governed by the screening factors for which they seek input from the public in the next bullet point, where the FCC "asks how to devise a rigorous, multi-factor 'screen' to analyze whether any conduct hurts consumers, competition, free expression and civic engagement, and other criteria under a legal standard termed 'commercial reasonableness.'"
Note that this directly addresses the language of the limitation on the FCCs authority to regulate dictated by the DC Circuit.