Well, yes and no. The FCC is considering a proposed rulemaking that would require ISPs to disclose their policies to consumers, ban blocking of legal content, and prohibit "commercially unreasonable" traffic discrimination.
http://transition.fcc.gov/cgb/consumerfacts/openinternet.pdfThe specific regulations, of course, have not been drafted, but if these are the only three policies the FCC has in mind, it seems reasonable to infer that the ban on "commercially unreasonable" discrimination, implies that "commercially reasonable" discrimination is permissible. The devil, of course, is in the definition of ""commercially unreasonable." But it seems like there is good reason to worry that this would permit something like a fast lane and, thus, it seems like a good idea for those of us who think this is a bad idea to begin mobilizing.
That all said, I do think that throttling the entire FCC to dialup speeds is a stupid idea. As others have pointed out, this will harm many more people than are actually involved in the regulatory decision in any way, and is unlikely to make a difference in the thinking of the actual regulators in the face of the reams of actually well-thought-out comments they will be receiving from lawyers and internet policy experts.
It also ignores the fact that the "slow-lane," if it does come to exist, is very unlikely to be at anything like dialup speeds. Given the FCC's overall commitment to increased broadband penetration (which has been amply demonstrated, I think) I doubt that anyone at the FCC would be inclined to find such discrimination "commercially reasonable."
If you really want to have an impact, maybe you should band together and write a comment letter.