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
139 months ago
I'll just start throttling my payments then.
Score: 19 Votes (Like | Disagree)
C DM Avatar
139 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
139 months ago
So, everyone else is doing it.... It must be ok...
Score: 5 Votes (Like | Disagree)
markyr17 Avatar
139 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
139 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
139 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

iOS 19 Mock WWDC25 Feature

iOS 19 Expected to Run on These iPhones

Monday March 31, 2025 5:28 pm PDT by
iOS 19 will not be available on the iPhone XR, iPhone XS, or the iPhone XS Max, according a private account on social media site X that has accurately provided information on device compatibility in the past. The iPhone XR, iPhone XS, and iPhone XS Max all have an A12 Bionic chip, so it looks like iOS 19 will discontinue support for that chip. All other iPhones that run iOS 18 are expected...
maxresdefault

Apple Releases iOS 18.4 With Priority Notifications, Ambient Music, New Emoji and More

Monday March 31, 2025 10:03 am PDT by
Apple today released iOS 18.4 and iPadOS 18.4, the fourth major updates to the iOS 18 and iPadOS 18 operating system updates that came out last year. iOS 18.4 and iPadOS 18.4 come two months after Apple released iOS 18.3 and iPadOS 18.3. Subscribe to the MacRumors YouTube channel for more videos. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods 4

Monday March 31, 2025 11:27 am PDT by
Apple today released new firmware updates for all AirPods 4 and AirPods Pro 2 models. The new firmware is version 7E93, up from the 7B21 firmware that was installed on the AirPods Pro 2 and the 7B20 firmware available on the AirPods 4 and AirPods 4 with ANC. It is not immediately clear what new features or changes are included in the new firmware, but we'll update this article should we find ...
watchOS 11 Thumb 2 1

Apple Releases watchOS 11.4 With Sleep Alarm Update

Tuesday April 1, 2025 10:34 am PDT by
Apple today released watchOS 11.4, the fourth major update to the operating system that runs on the Apple Watch. watchOS 11.4 is compatible with the Apple Watch Series 6 and later, all Apple Watch Ultra models, and the Apple Watch SE 2. watchOS 11.4 can be downloaded on a connected iPhone by opening up the Apple Watch app and going to General > Software Update. To install the new software,...
macOS Sequoia Feature

Apple Releases macOS Sequoia 15.4 With Mail Categorization and More

Monday March 31, 2025 10:04 am PDT by
Apple today released macOS Sequoia 15.4, the fourth major update to the macOS Sequoia operating system that launched in September. macOS Sequoia 15.4 comes two months after the launch of macOS Sequoia 15.3. Mac users can download the ‌‌macOS Sequoia‌‌ update through the Software Update section of System Settings. It is available for free on all Macs able to run macOS 15. With...
top stories 2025 03 29

Top Stories: WWDC 2025 Announced, iPhone 17 Pro and iOS 19 Rumors, and More

Saturday March 29, 2025 6:00 am PDT by
Apple's big developer event is a little over two months away, and rumors about what we can expect to see in Apple's next major operating system updates are becoming increasingly frequent. A public release of iOS 18.4 is also imminent with a number of updates and improvements, although we won't be getting the major Apple Intelligence Siri upgrades that had reportedly been planned for this...
iOS 19 visionOS UI Elements

Apple Codename Provides Clue About iOS 19's Rumored New Design

Sunday March 30, 2025 6:40 am PDT by
Multiple sources have claimed that iOS 19 will introduce a new design with more translucent buttons, menus, notification banners, and more, and there is now another clue that points towards this glass-like appearance. Bloomberg's Mark Gurman today said the new design project is codenamed "Solarium" internally. A solarium is a room with glass walls that allow in plenty of sunlight, so this...