In short, the FCC is claiming that AT&T misled their customers into paying for unlimited data, but failed to properly disclose their policies on speed throttling, which violates the Open Internet Transparency Rule. The complaint, which is “based on the seriousness of AT&T’s apparent violations,” is requiring the carrier to adjust their practices to meet the Open Internet Transparency Rule.
AT&T had implemented a Maximum Bit Rate Policy to subscribers after offering them the ability to renew unlimited data plans WITHOUT properly disclosing the restriction. They continued to advertise “grandfathered” unlimited data plans to customers, but would significantly lower their data speeds once the customer reached a certain amount of data usage for the month.
AT&T is of course convinced they’ve met the FCC’s requirements, releasing this statement: “We will vigorously dispute the FCC’s assertions. The FCC has specifically identified this practice as a legitimate and reasonable way to manage network resources for the benefit of all customers, and has known for years that all of the major carriers use it. We have been fully transparent with our customers, providing notice in multiple ways and going well beyond the FCC’s disclosure requirements.” The carrier also directed attention to a detailed filing with the FCC from earlier this year, which discloses its Maximum Bit Rate Program’s rollout and implementation.