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).
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.
Popular Stories
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development.
Below, we recap rumors about a second-generation AirTag.
Timing
Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence.
Image credit: Reddit user No_Highlight7476
The Turbo feature provides enhanced network performance through ...
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1.
The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
While the Logitech MX Master 3 is a terrific mouse for the Mac, reports claiming that Apple CEO Tim Cook prefers that mouse over the Magic Mouse are false.
The Wall Street Journal last month published an interview with Cook, in which he said he uses every Apple product every day. Soon after, The Verge's Wes Davis attempted to replicate using every Apple product in a single day. During that...
In a research note with Hong Kong-based investment bank Haitong today, obtained by MacRumors, Apple analyst Jeff Pu said he agrees with a recent rumor claiming that the so-called "iPhone 17 Air" will be around 6mm thick.
"We agreed with the recent chatter of an 6mm thickness ultra-slim design of the iPhone 17 Slim model," he wrote.
If that measurement proves to be accurate, there would be ...
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices.
With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...
Apple has partnered with select merchants to offer Apple Card users three percent Daily Cash back on their purchases, and two new companies were added to the partner list today. When purchasing goods and services from Booking.com and ChargePoint, Apple Card users will now get more cash back.
Booking.com is a site for reserving flights, cars, cruises, and hotels, while ChargePoint sells...