AT&T Urges FCC to Drop $100 Million Fine, Says Data Throttling Doesn't Harm Customers

Last month the United States Federal Communications Commission announced that it would fine AT&T $100 million for misleading customers about its unlimited data plans and not adequately warning customers about throttling their data speeds. AT&T has since responded, arguing that data throttling doesn't harm customers, the company is being prejudged and that its First Amendment rights are being violated in a response first found by The Hill (via Ars Technica).

ATT Logo

The Commission’s findings that consumers and competition were harmed are devoid of factual support and wholly implausible. Its “moderate” forfeiture penalty of $100 million is plucked out of thin air, and the injunctive sanctions it proposes are beyond the Commission’s authority. Both, moreover, reflect an unseemly effort to coerce settlement. And the NAL and the related press campaign confirm that the agency has already prejudged AT&T’s liability, abandoning any pretext that the Commission remains an impartial arbiter of the case.

AT&T, who wants the FCC to drop the fine, claims that it has made all the required disclosures to customers, pointing out that its Unlimited Data Plan customers were more likely to renew their contracts than non-Unlimited Data Plan customers. Additionally, the telecommunications company argued the FCC would be outside of its authority in both imposing the fine and making other requests because the statute of limitations on the case has passed.

Lastly, AT&T argued that the FCC has no authority to order the company to inform its customers that it violated the Transparency Rule in not telling them about speed changes when throttling data because the statement would both be untrue and a violation of AT&T's First Amendment rights.

AT&T ceased selling Unlimited Data Plans years ago but continues to have customers grandfathered to its Unlimited Data Plans. Previously, the company throttled its Unlimited Data Plan customers once they exceeded 5 GB of LTE data, but in May the company changed its policy to only throttle customers when connected to a cell tower experiencing network congestion.

Tags: AT&T, FCC

Top Rated Comments

CrEsTo Avatar
114 months ago
I'll throttle my bill payment, surely it won't 'harm' AT&T.
Score: 115 Votes (Like | Disagree)
jonfarr Avatar
114 months ago
I'm fine with the throttling personally. It's the only realistic way for everyone to have an uninterrupted connection. They're not doing anything to warrant a $100M fine.

It's like fining the water company for not "adequately warning customers" that when they use a kinked garden hose, they won't get the full pressure.
Do you work for ATT? This is crazy talk. A kinked water hose as you comparison to the water company? A better comparison would be that the water company decided you took too long of showers and cut your psi so that you couldn't even take a shower, but you would still get a drip to come out as to not technically cut your service. And that would be ridiculous just like ATTs throttling of unlimited data that was sold as no strings attached, only to attach those strings when they saw fit.
Score: 74 Votes (Like | Disagree)
nepalisherpa Avatar
114 months ago
Oh AT&T, you are such a comedian!
Score: 29 Votes (Like | Disagree)
duffman9000 Avatar
114 months ago
I'm fine with the throttling personally. It's the only realistic way for everyone to have an uninterrupted connection. They're not doing anything to warrant a $100M fine.

It's like fining the water company for not "adequately warning customers" that when they use a kinked garden hose, they won't get the full pressure.
AT&T used to throttle me the instant I went over 5GB, even if no network congestion. The throttling was in effect until my billing cycle was up. And as for your silly water hose analogy, I can unkink my hose. I can't unkink my connection.
Score: 24 Votes (Like | Disagree)
lenslord Avatar
114 months ago
If they fight it, double it. … If they fight it again, double it again. Their only interest is money, make screwing the customers expensive. They will understand expensive.


Article Link: AT&T Urges FCC to Drop $100 Million Fine, Says Data Throttling Doesn't Harm Customers ('https://www.macrumors.com/2015/07/29/att-responds-fcc-100-million-fine/')
Score: 21 Votes (Like | Disagree)
shoorty0690 Avatar
114 months ago
Sure, no harm involved. I could have lost my job because I couldn't connect to the internet at a reasonable speed. I could barely send an email with the throttled speed. Absolutely absurd statement on ATT's part.
Score: 20 Votes (Like | Disagree)

Popular Stories

Delta Feature

Delta Game Emulator Now Available From App Store on iPhone

Wednesday April 17, 2024 9:58 am PDT by
Game emulator apps have come and gone since Apple announced App Store support for them on April 5, but now popular game emulator Delta from developer Riley Testut is available for download. Testut is known as the developer behind GBA4iOS, an open-source emulator that was available for a brief time more than a decade ago. GBA4iOS led to Delta, an emulator that has been available outside of...
iOS 18 Siri Integrated Feature

iOS 18 Will Add These New Features to Your iPhone

Friday April 12, 2024 11:11 am PDT by
iOS 18 is expected to be the "biggest" update in the iPhone's history. Below, we recap rumored features and changes for the iPhone. iOS 18 is rumored to include new generative AI features for Siri and many apps, and Apple plans to add RCS support to the Messages app for an improved texting experience between iPhones and Android devices. The update is also expected to introduce a more...
iOS NES Emulator Bimmy Feature

NES Emulator for iPhone and iPad Now Available on App Store [Removed]

Tuesday April 16, 2024 11:33 am PDT by
The first approved Nintendo Entertainment System (NES) emulator for the iPhone and iPad was made available on the App Store today following Apple's rule change. The emulator is called Bimmy, and it was developed by Tom Salvo. On the App Store, Bimmy is described as a tool for testing and playing public domain/"homebrew" games created for the NES, but the app allows you to load ROMs for any...
iGBA Feature

Apple Removes Game Boy Emulator iGBA From App Store Due to Spam and Copyright Violations

Sunday April 14, 2024 9:22 pm PDT by
Apple today said it removed Game Boy emulator iGBA from the App Store for violating the company's App Review Guidelines related to spam (section 4.3) and copyright (section 5.2), but it did not provide any specific details. iGBA was a copycat version of developer Riley Testut's open-source GBA4iOS app. The emulator rose to the top of the App Store charts following its release this weekend,...
iPhone 15 Pro Action Button Translate

All iPhone 16 Models to Feature Action Button, But Usefulness Debated

Tuesday April 16, 2024 6:54 am PDT by
Last September, Apple's iPhone 15 Pro models debuted with a new customizable Action button, offering faster access to a handful of functions, as well as the ability to assign Shortcuts. Apple is poised to include the feature on all upcoming iPhone 16 models, so we asked iPhone 15 Pro users what their experience has been with the additional button so far. The Action button replaces the switch ...
iGBA Feature

Game Boy Emulator for iPhone Now Available in App Store Following Rule Change [Removed]

Sunday April 14, 2024 8:06 am PDT by
A week after Apple updated its App Review Guidelines to permit retro game console emulators, a Game Boy emulator for the iPhone called iGBA has appeared in the App Store worldwide. The emulator is already one of the top free apps on the App Store charts. It was not entirely clear if Apple would allow emulators to work with all and any games, but iGBA is able to load any Game Boy ROMs that...