AT&T defends unlimited data throttling, says the FTC can't stop it
FTC has no jurisdiction because AT&T is a common carrier, company tells judge.

by Jon Brodkin
Jan 8 2015
Ars Technica

The Federal Trade Commission cannot prevent AT&T from throttling 
unlimited data customers because of AT&T's status as a common 
carrier, the company claimed in a motion to dismiss an FTC lawsuit 
this week.

Mobile voice is a common carrier service-similar to the utility 
status of the traditional wireline telephone network-placing it under 
the Federal Communications Commission's jurisdiction. The FTC's 
October 2014 lawsuit against AT&T applied to mobile broadband, which 
is not a common carrier service. However, AT&T claims that mobile 
voice's common carrier status prevents the FTC from taking action 
against the cellular data portion of its business.

...

http://arstechnica.com/tech-policy/2015/01/att-defends-unlimited-data-throttling-says-the-ftc-cant-stop-it/

https://www.scribd.com/doc/252048040/AT-T-vs-FTC-Motion-to-Dismiss

http://arstechnica.com/tech-policy/2014/10/us-sues-att-alleges-severe-throttling-of-unlimited-data-customers/


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