Creating a Two-Speed Internet

Dividing traffic on the Internet into fast and slow lanes is exactly what the Federal Communications Commission would do with its proposed regulations, unveiled this week. And no amount of reassurances about keeping competition alive will change that fact.

Tom Wheeler, the chairman of the commission, is proposing that broadband providers — phone and cable companies — be allowed to charge fees for faster delivery of video and other data to consumers.

This would be a totally new approach to Internet service. It would essentially give broadband companies the right to create the digital equivalent of high-occupancy vehicle lanes for content providers, like Netflix and Amazon, wealthy enough to pay a toll.

In this new world, smaller content providers and start-ups that could not pay for preferential treatment might not be able to compete because their delivery speeds would be much slower. And consumers would have to pay more because any company that agrees to strike deals with phone and cable companies would undoubtedly pass on those costs to their users.

The F.C.C. proposal claims to protect competition by requiring that any deal between a broadband company and a content provider be “commercially reasonable.” But figuring out what is reasonable will be very difficult, and the commission will struggle to enforce that standard. The rules would also prohibit broadband companies from blocking content by, for example, making it impossible for users to access a service like Skype that competes with their own products.

If a majority of the five-member commission approves the proposal next month, it will be open to public comment before being finalized later this year. If adopted, this measure would be a huge victory for phone and cable companies that have consistently argued that services like Google, which owns YouTube, that transmit a lot of data should pay fees for the use of broadband networks.