T-Mobile&#x27;s loophole argument is two-fold:<p>1) they are allowing customers to opt-out (maybe they will concede this could be improved, but it doesn&#x27;t change their fundamental desire to circumvent net neutrality);
2) content discrimination has positive benefits for consumers (i.e. allows higher consumption of content)<p>T-Mobile may be willing to bet that the FCC and consumer groups will be hard-pressed to claim that sending HDTV vs. EDTV falls under a discriminatory context given the consumer benefits and (seeming) fulfillment of video service.