Editor’s Note: RCR Wireless News has made many questionable decisions over the years. One of which is agreeing to let a long-time industry observer provide commentary on what is chapping his hide across the wireless industry. His name is Hunter Gates. We call him the Mobile Martyr. We also attempt to make this column suitable for most to read, but despite our best efforts, it still received a “PG-13” rating. You have been warned.
The Federal Trade Commission scares me. While I may have been fast and loose with my thoughts on the Federal Communications Commission a few weeks ago, the FTC seems to think things through a little more before reaching out to bite someone. AT&T discovered that this week when the FTC finally called them to the mat over that dangerous word “unlimited” and Verizon may be next.
But let’s call it what it is: it’s a cheap shot by the FTC that is several years too late. Oh, and it has led to some half-assed interpretations. Did AT&T pick on Apple iPhone users? According to the FTC complaint, more iPhone users were throttled than other types of smartphone. Really Bubba? Does that perhaps have something to do with the fact that back in 2011, iPhones were the majority of AT&T’s smartphone base? So yeah, no great surprise that more iPhones were throttled.
But the main point of issue is that darn term “unlimited.” As FTC Chairwoman Edith Ramirez is quoted as saying “The issue here is simple: ‘unlimited means unlimited.’” While I cannot dispute that the first time she uses unlimited does indeed match the spelling of the second one, I am going to argue that there’s an interpretation going on here. Did AT&T promise unlimited data at a specific speed? I doubt it. How could they? Data speeds vary based on a whole truckload of issues, such as proximity to the tower, network congestion and so on.
Hell, right now my Verizon Wireless service keeps dropping to 1xRTT. I didn’t sign up for that crap and it’s pretty useless to me. But that shit happens occasionally with wireless stuff. I can vote by dumping the service and moving to a different carrier, but I bet I’m gonna hit the same issue on other networks anyway depending on where I am. Having said that, I’ve had better service Mr. Red, so start climbing towers and sorting this stuff out eh?
But I digress, back to the FTC and its interpretation of unlimited. Not being a lawyer – very far from it – I do have a naïve viewpoint I admit. But damn it, AT&T gave out unlimited service (as did Verizon and the others). They didn’t turn around a stop the service dead when it all got out of hand, they just throttled the shit out of it. From a moral perspective, I would say that they reneged on their tacit promise to the consumer, who was stupid enough to expect true unlimited. But from the letter of the law perspective, I suspect AT&T’s main defense will be to tell the FTC to “Suck It.” It’s a fair defense and one that should probably happen more often in this industry.
And again, let’s remember that these unlimited users could have just dropped the service: they are not complaining that they were stuck in a contract that misrepresented. No sir, they are STILL clutching onto their unlimited service long after the end of the contract, the obstinate fools. In the meantime, they’ve upgraded their phones without AT&T forcing them to change plans.
In the meantime, the whole thing will tie up lawyers and ridiculously stupid amounts of money that could be better spent on improving networks and buying spectrum. And if there’s enough spectrum for all (ha ha) then perhaps the carriers wouldn’t need to throttle at all anyway. And if the FTC and FCC can stop doing these dumb-ass moves, then perhaps I can go back to the more comfortable position of bitching ABOUT the carriers, rather than feeling the need to defend them from the Government’s stupidity.
