FCC Fines T-Mobile For Abusing The Definition Of 'Unlimited' Data

from the abusing-the-dictionary dept

"The FCC’s investigation found that company policy allows it to slow down data speeds when T-Mobile or MetroPCS customers on so-called “unlimited” plans exceed a monthly data threshold. Company advertisements and other disclosures may have led unlimited data plan customers to expect that they were buying better and faster service than what they received. The Commission’s 2010 Open Internet transparency rules require broadband Internet providers to give accurate and sufficient information to consumers about their Internet services so consumers can make informed choices."

"Consumers should not have to guess whether so-called ‘unlimited’ data plans contain key restrictions, like speed constraints, data caps, and other material limitations,” said FCC Enforcement Bureau Chief Travis LeBlanc. “When broadband providers are accurate, honest and upfront in their ads and disclosures, consumers aren’t surprised and they get what they’ve paid for. With today’s settlement, T-Mobile has stepped up to the plate to ensure that its customers have the full information they need to decide whether ‘unlimited’ data plans are right for them."

Filed Under: fcc, lies, throttling, unlimited data
Companies: t-mobile

AT&T Dodges FTC Throttling Lawsuit Using Title II Classification It Vehemently Opposed

from the some-fine-tap-dancin' dept

"It is rich to see AT&T in two different appellate courts at once, simultaneously arguing in this case that its mobile broadband is a common carriage service -- and therefore not subject to FTC jurisdiction -- while telling the DC Circuit that AT&T's mobile broadband cannot be treated as a common carrier service."

"The common carrier exemption in section 5 of the FTC Act carves out a group of entities based on their status as common carriers. Those entities are not covered by section 5 even as to non-common carrier activities. Because AT&T was a common carrier, it cannot be liable for the violations alleged by the FTC. The district court’s denial of AT&T’s motion to dismiss is reversed, and the case is remanded for entry of an order of dismissal."

Filed Under: fcc, ftc, net neutrality, throttling, title ii
Companies: at&t

FCC Commissioner: Gov't Should Never Interfere In Private Markets...Unless ISPs Have A Chance To Mock Netflix

from the hypocrisy-is-the-new-black dept

"Netflix has attempted to paint a picture of altruism whereby it virtuously sought to save these consumers from bumping up against or exceeding their data caps," O'Rielly said. "There is no way to sugarcoat it: the news is deeply disturbing and justly generates calls for government—and maybe even Congressional—investigation."

"In communications, government is exceedingly busy and involved. It tries to dictate performance of the private sector, enter the marketplace itself, prop-up failing firms, chase flawed policy goals, subsidize favored classes or companies, stifle the offerings of goods and services by disliked firms, tilt the playing field in certain directions and much worse. While some level of activity occurs because of legacy policies, the constant tinkering inevitably interferes with the workings of capitalism and promotes bad outcomes.

"Given the unparalleled record of U.S. success in developing and bringing new, innovative technology products to market with a relatively hands-off regulatory approach, you would think there would be extreme hesitancy to alter that formula. The environment that brought us services like Amazon and Netflix is no accident, but instead can be attributed to a conscious decision to let the tech sector develop with minimal government intervention."

"A company cannot knowingly make misrepresentations and inaccurate statements before the Commission," O'Rielly said. "In fact, doing so violates Commission rules intended to protect the integrity of the Commission and our decisions. We need to closely examine filings that were made for potential violations in light of this new information. It appears that Netflix made accusations of wrongdoing by ISPs, all the while knowing that its own practices were one of the causes of consumer video downgrading."

Filed Under: fcc, free market, hypocrisy, mike o'rielly, throttling
Companies: at&t, netflix

The Cable Industry Wants Netflix Investigated... For Throttling Itself

from the blowhards-and-fisticuffs dept

"ACA has said all along that this Federal Communications Commission's approach to Net Neutrality is horribly one-sided and unfair because it leaves consumers unprotected from the actions of edge providers that block and throttle lawful traffic. The FCC's disclosure rules also fall short by covering ISPs but allowing edge providers to affect consumers' Internet experience in the same ways that ISPs' actions can. And now we see further evidence of these shortcomings in Netflix's confession that it has been engaging in covert video throttling to select groups of consumers."

"ACA is disappointed, but not surprised, that Netflix used its immunity from the FCC's Net Neutrality rules to engage in this practice. Netflix has the ability and incentive to engage in this anti-consumer behavior notwithstanding its impact on the virtual cycle that promotes the broadband deployment sustaining Netflix's business model. In light of this revelation, ACA calls on the FCC to initiate a Notice of Inquiry into the practices of edge providers and how these companies can threaten the openness of the Internet. Under Section 706, the FCC has the authority to conduct such an inquiry and issue regulations, should it be deemed necessary."

Filed Under: competition, net neutrality, throttling, transparency, video streaming
Companies: american cable association, at&t, comcast, netflix, t-mobile

Netflix Reveals It Throttles AT&T, Verizon Customers To Save Them From Usage Caps, Overage Fees

from the neutrality-soap-opera dept

"Netflix said it doesn’t limit its video quality at two carriers: T-Mobile and Sprint Corp., because “historically those two companies have had more consumer-friendly policies.” When customers exceed their data plans on Sprint or T-Mobile, the carriers usually slow their network connections, rather than charge overage fees."

"We’re outraged to learn that Netflix is apparently throttling video for their AT&T customers without their knowledge or consent,” said Jim Cicconi, AT&T’s senior executive vice president of external and legislative affairs."

"We believe restrictive data caps are bad for consumers and the Internet in general, creating a dilemma for those who increasingly rely on their mobile devices for entertainment, work and more. So in an effort to protect our members from overage charges when they exceed mobile data caps, our default bitrate for viewing over mobile networks has been capped globally at 600 kilobits per second. It’s about striking a balance that ensures a good streaming experience while avoiding unplanned fines from mobile providers.

This hasn’t been an issue for our members. Our research and testing indicates that many members worry about exceeding their mobile data cap, and don’t need the same resolution on their mobile phone as on a large screen TV to enjoy shows and movies. However, we recognize some members may be less sensitive to data caps or subscribe to mobile data plans from carriers that don’t levy penalties for exceeding caps. As we develop new technologies, we want to give all our members the choice to adjust their data consumption settings based on their video preferences and sensitivity to their ISPs data overage charges. We’ll provide more details as we get closer to launch.

Filed Under: mobile service, net neutrality, throttling, videos
Companies: at&t, netflix, sprint, t-mobile, verizon