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You'd be right if the carrier denied data access beyond a certain limit despite advertising "unlimited". But if the carrier chooses to throttle an "unlimited"
by netneutralish 11y ago
You'd be right if the carrier denied data access beyond a certain limit despite advertising "unlimited".
But if the carrier chooses to throttle an "unlimited" data plan and thus degrades the delivery speed outside of "network management" contexts (such as congested network conditions) then they are now subject to additional punitive fines arising from net neutrality regulations that they are now subject to, on top of any (successful) fines related to misrepresentative advertising.
This falls under the category of willfully "impairing, or degrading" an existing service motivated by business interests related to the specific subscriber, instead of driven by purely technical network management justifications which would apply to a wider geographic area (i.e. not subscriber-specific), and this is one of the bright-line examples given by the FCC when they issued their press release.
As a side note, I believe the Federal Trade Commission (FTC) Bureau of Consumer Protection handles deceptive advertising enforcement, while the FCC handles net neutrality enforcement.
- mikeash 11y agoI understand you're saying that the FCC considers it to be a net neutrality issue, and I'm not disputing that. I'm simply saying that I don't agree with that, and don't see why it would be considered a net neutrality issue. If you throttle all data to "unlimited" customers equally then that's still perfectly neutral. The government may disagree, but I have no reason to follow their definitions.