Verizon Wireless today wrote a response letter to the FCC's concerns over its plan to throttle its grandfathered unlimited data customers during peak usage times, insisting that its upcoming usage restrictions are permitted under current law.

Penned by Verizon's SVP of Federal Regulatory Affairs, Kathleen Grillo, the letter (via The Verge) also points towards the unlimited data restrictions imposed by other carriers like AT&T, T-Mobile, and Sprint, which Verizon says are more draconian than its own throttling plans.

verizon_logo_500

More importantly, Verizon also hammers on the fact that every other major wireless provider in the United States -- AT&T, Sprint, and T-Mobile -- has already implemented some form of data throttling or "network optimization" as it's often called. Verizon goes a step further and says its competitors often have "less tailored" policies that can impact customers regardless of network congestion.

Verizon goes on to emphasize the limited conditions under which its customers will experience LTE throttling, stating slowdowns will occur only at "particular cell sites experiencing unusually high demand" and noting that throttling will end when cell sites become less congested.

According to Verizon's website, throttling will also be limited to the top five percent of customers and only those who have completed their two-year contracts will be affected. As of July, Verizon's top five percent of users consisted of customers who used 4.7GB or more of data during the month.

Verizon's letter is in response to a strongly-worded letter sent last week by FCC Chairman Tom Wheeler, which stated he was "deeply troubled" by Verizon's throttling plans. In the missive, Wheeler sent Verizon a series of questions asking the company to explain its rationale for treating customers differently based on data plan type and asking whether the policy was justified under the FCC's Open Internet rules.

Verizon plans to begin throttling its high-usage LTE customers accessing congested network cells beginning on October 1, and it is unclear if the FCC will take steps to prevent the throttling.

As noted in Verizon's letter, several other carriers have implemented LTE usage restrictions for customers on grandfathered unlimited plans in an effort to encourage users to switch to pay-by-usage tiered data plans, but the FCC has intervened in Verizon's case due to Verizon's use of Upper C Block spectrum that is subjected to a open platform rule.

Top Rated Comments

JoshGlzBrk Avatar
147 months ago
I'll just start throttling my payments then.
Score: 19 Votes (Like | Disagree)
C DM Avatar
147 months ago
The operations at Jurassic Park were legal and look how well that worked out. In the words of Dr. Ian Malcolm: "Yeah, yeah, but your scientists were so preoccupied with whether or not they could that they didn't stop to think if they should."
Jurassic Park...seriously?
Score: 16 Votes (Like | Disagree)
xVeinx Avatar
147 months ago
So, everyone else is doing it.... It must be ok...
Score: 5 Votes (Like | Disagree)
markyr17 Avatar
147 months ago
After reading the following, I actually don't think Verizon has any ground to stand on, and I understand why the FCC is questioning this move.

While true that most of Net Neutrality has been struck down in court, this is different. This is coded into law: Code of Federal Regulations. This is what VZW bought into and has to abide by it.

Specifically, 47 CFR 27.16 (c)(1) which can be found in its entirety here (http://www.law.cornell.edu/cfr/text/47/27.16). It's not a long read either. Or, if you prefer, here: http://www.gpo.gov/fdsys/pkg/CFR-2011-title47-vol2/pdf/CFR-2011-title47-vol2-sec27-16.pdf

The specific part I'm quoting says the following:

"The potential for ex- cessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network."

This will be interesting. We will see what happens, I guess.

----------

Wasn't the original statement that the throttle would last for the rest of the month for the user? That's the part that bugs me. I'm fine for a company slowing down a grandfathered user on a cell site that's currently overcrowded BUT go ahead and let them get back to full force as soon as they move to the next site or the site becomes open again. Heck, big Red even could make more money off this IF they truly did it in the most fair way possible, they could then offer $5/mo or $10/mo "upgrade" to allow full speed on crowded cells for up to 1gig a month or some crap. As long as they were completely transparent and fair (only throttle top 5% and when overloaded, speeds return as soon as cell opens up or user is on new cell) then I would be fine with a plan like that. Give me my unlimited cake and let me eat it too.

(Before people bitch, it works like this on lots of things, don't want to sit in slow rush hour traffic on the freeway, take the toll bridge which is always flowing at speed fine, etc)

The problem with verizon and others is that they do this kind of stuff shady or once you throttle you're stuck for the rest of the month. Seriously? At 2am I should still be throttled because I happened to post some photos to Facebook while walking through downtown during a peak time?
The original article said you would be throttled until the cell site you are using is no longer under load.

See here (http://www.verizonwireless.com/news/article/2014/07/network-optimization.html) for more info.
Score: 3 Votes (Like | Disagree)
joshuaclinton Avatar
147 months ago
are permitted under current law.

The operations at Jurassic Park were legal and look how well that worked out. In the words of Dr. Ian Malcolm: "Yeah, yeah, but your scientists were so preoccupied with whether or not they could that they didn't stop to think if they should."
Score: 3 Votes (Like | Disagree)
PocketSand11 Avatar
147 months ago
No.

Every user should get the bandwidth they paid for at the times they choose to use the product. Lowering the speed for anyone rewards the ISP at the expense of the end user.

We are not negotiating terms relative to other consumers. My agreement is with my ISP, not my neighbor.
Where in any cell provider contract are you guaranteed a certain bandwidth? Only from home ISPs do you see guarantees such as enough bandwidth for, say, 20mbps download.
Score: 2 Votes (Like | Disagree)

Popular Stories

sam sung auction

Former Apple Employee Sam Sung Changed His Name to Avoid Attention

Wednesday October 22, 2025 4:44 pm PDT by
Back in 2012, an Apple retail employee named Sam Sung went viral because his name is similar to Samsung, one of Apple's main competitors. In a recent interview with Business Insider, he detailed that period in his life, how Apple responded, and he explained why he ultimately changed his name. Someone posted an image of Sung's Apple business card on Reddit in 2012, and it spread rapidly....
iOS 26

iOS 26.1 Coming Soon With These 8 New Features for Your iPhone

Wednesday October 22, 2025 6:15 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. iOS 26.1 is currently in beta testing. The update will likely be released in the first half of November, and it is compatible with the iPhone 11 series and newer, but some...
iOS 26 Battery Glass Feature

iOS 26.1 Beta Liquid Glass Battery Drain Test: Tinted vs Clear Mode

Friday October 24, 2025 2:30 pm PDT by
In the fourth iOS 26.1 beta, Apple added a "Tinted" option that reduces the translucency of Liquid Glass for those who prefer a more opaque look. I saw some comments wondering whether the setting might preserve battery life, so I thought I'd do some testing. Test Settings I did four separate tests using the iPhone 17 Pro Max, and I kept the parameters as similar as possible. Here are the...
All Screen iPhone 2027 Feature 1

Report: Apple to Skip 'iPhone 19' Name for 'iPhone 20'

Thursday October 23, 2025 4:28 am PDT by
Apple's new iPhone lineup launched in the fall of 2027 will be called the "iPhone 20" models, rather than the "iPhone 19," according to research firm Omdia. Speaking at a conference in Seoul (via ETNews), Omdia Chief Researcher Heo Moo-yeol corroborated rumors that Apple plans to move the launch of its standard iPhone to the first half of the year and provided some additional clarity about...
trump white house ballroom

Apple Donating to Trump's $350M White House Ballroom Project

Thursday October 23, 2025 3:55 pm PDT by
Apple is one of several tech companies that will contribute to the construction of U.S. President Donald Trump's 90,000-square-foot ballroom, reports CNN. Construction began on the ballroom this week, and the White House's east wing was torn down. Trump claims that the ballroom will cost $350 million, and that it will be privately funded through donations. The cost has already increased $150 ...
apple wallet drivers license feature iPhone 15 pro

iPhone Driver's License Feature in Apple Wallet App Launches in Another U.S. State

Thursday October 23, 2025 7:44 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting today, the feature is available to residents of West Virginia. To set it up, open the Wallet app and tap on the plus sign in...
cadillac lyric infotainment

GM to Remove CarPlay from All Future Vehicles, Including Gas Cars [Updated]

Wednesday October 22, 2025 11:34 am PDT by
General Motors began phasing out support for CarPlay in its electric vehicles back in 2023, leading to complaints from iPhone users, but the company has no plans to back down. In fact, GM is going further and plans to remove CarPlay from all future gas vehicles, too. In an interview with The Verge, GM CEO Mary Barra said that the company opted to prioritize its platform for EVs, but the...
iPhone Air

Report: 'Virtually No Demand' for iPhone Air

Wednesday October 22, 2025 3:22 am PDT by
Apple is "drastically" cutting production of the iPhone Air and shifting focus toward the iPhone 17 and iPhone 17 Pro models, Nikkei Asia reports. The business publication claims to have learned of a major cut to iPhone Air production motivated by weaker-than-expected consumer interest, nearly to "end of production levels." Despite early reports of the iPhone Air selling out within hours of...
maxresdefault

Apple's iPhone Air Experiment Fails as Supply Chain Cuts Production by 80%

Wednesday October 22, 2025 10:48 am PDT by
iPhone Air demand failed to meet Apple's expectations and the company's supply chain is scaling back shipments and production, reports Apple analyst Ming-Chi Kuo. Subscribe to the MacRumors YouTube channel for more videos. Suppliers are expected to reduce capacity by more than 80 percent between now and the first quarter of 2026, and some components with longer lead times will be discontinued ...
iOS 26 Feature

iOS 26 Leaker Being Sued by Apple is Actually a 'Lifelong Apple Fanboy'

Friday October 24, 2025 9:20 am PDT by
In July, Apple sued well-known YouTuber Jon Prosser and his acquaintance Michael Ramacciotti over alleged theft of the company's trade secrets, after Prosser leaked some iOS 26 details in videos uploaded to his YouTube channel Front Page Tech. If you are not caught up on the lawsuit, read our initial coverage to learn more. Earlier this week, Prosser told The Verge he has "been in active...