Welp looks like it may not be possible if the FCC has anything to say about it:
While the FCC isn’t stepping in right now, Chairman Tom Wheeler has made it clear that the commission is ready to do so should the need arise. ”Make no mistake, we’re ready to intervene,” Wheeler told The Journal. ”We want to encourage innovation, with the full capability and legal authority to intervene in those circumstances where there are untoward impacts on competition and consumers.”
“The announcement of a sponsored data program by AT&T puts it in the business of picking winners and losers on the Internet, threatening the open Internet, competition and consumer choice,” Eschoo said.