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Thread: can VZW legally stop allowing unlimited plans for EVERYBODY in a couple of years?

  1. #271
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    You snooze, you lose. Lol.

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  2. #272
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    Quote Originally Posted by taoman54 View Post
    So I tend to agree with TC_Mits assessment that it is probably "regulated by some broader language." Just because we can't explicitly find the words "throttling" or "tethering" in the regs doesn't necessarily mean it isn't covered by some other broader language somewhere.
    One might also need to check all the relevant court findings, and how the courts might have interpreted the regs. That's called "case law", and can be just as binding.

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    Quote Originally Posted by greenbears View Post
    OP here....

    After the first two pages of replies, I got lost... what the heck did I ask originally?
    I think you were asking how best to donate all of your earnings to Verizon.

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    Quote Originally Posted by WaltA View Post
    One might also need to check all the relevant court findings, and how the courts might have interpreted the regs. That's called "case law", and can be just as binding.
    Precisely. The broader language in legal documents is applied to specific instances and 'cases' through the legal interpretation inherent in the trial process; the outcome is then is codified as 'case law'.


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    Last edited by TC_Mits; 07-27-2012 at 06:58 PM.

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    Quote Originally Posted by greenbears View Post
    OP here....

    After the first two pages of replies, I got lost... what the heck did I ask originally?
    Did you forget this is Hofo.
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    Why do many readers think the FCC rules may prevent throttling? There must be a source or rumor that started this belief because the rules don't appear to address the issue. Where did the original idea come from?

    Throttling has been around for years and VZW is upfront that they may throttle 4G in the future.

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    From this thread on July 13:

    [~#159]
    Quote Originally Posted by Zappy View Post
    Can you copy/paste the part of the regs that prohibit throttling?

    Reply: [~#161]
    Quote Originally Posted by taoman54 View Post
    From the linked A-P article:
    "(eg. they can't throttle you)"


    Zappy, you're going around in circles now. This is old ground.


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    Last edited by TC_Mits; 07-28-2012 at 06:40 PM.

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    Tethering is now legal on vzw! It appears that the FCC 700C regs do, indeed and after all, prevent Vzw from doing some things that are not specifically referred to by name. Specifically due to those FCC regs, it can't block or charge extra for tethering -- in fact it paid a settlement of a paltry $1.25M for pressuring Google to remove tethering apps from the PlayPlace.

    http://www.digitaltrends.com/mobile/...harge-fee-fcc/

    PdaNet should be back in stock by now for download.


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    Quote Originally Posted by TC_Mits View Post
    Tethering is now legal on vzw! It appears that the FCC 700C regs do, indeed and after all, prevent Vzw from doing some things that are not specifically referred to by name. Specifically due to those FCC regs, it can't block or charge extra for tethering -- in fact it paid a settlement of a paltry $1.25M for pressuring Google to remove tethering apps from the PlayPlace.

    http://www.digitaltrends.com/mobile/...harge-fee-fcc/

    PdaNet should be back in stock by now for download.


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    After having read the order from the FCC, I disagree with the journalist/blogger's interpretation, that VZW must allow free tethering. The actual order states that VZW cannot block 3rd party tethering apps and various other 3rd party apps. It does not state that VZW must allow tethering for free.

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    OK. But it can't charge you to use a third party app, and it would have to alter its current plan structure to add a blanket tethering charge, which could happen down the road, I suppose. So, for the moment at least, tethering with 3d party apps is free and legal -- courtesy of the FCC 700C regs (even though they don't include anywhere the word "tether" ).

    "There will be wailing and gnashing of teeth . . ."


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    Quote Originally Posted by Sam73065 View Post
    After having read the order from the FCC, I disagree with the journalist/blogger's interpretation, that VZW must allow free tethering. The actual order states that VZW cannot block 3rd party tethering apps and various other 3rd party apps. It does not state that VZW must allow tethering for free.
    Right. It is OK with any metered plan. They can still go after it on the unlimited plans, probably because of a clause about "damage to the network" or "interference of services" or something along those lines.

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    Did the FCC review or comment on that distinction?

    And on what basis does vzw claim the right to discriminate in that way?

    *IF* it is invoking the TOS, what language is said to apply and how is it unique to unlimited data without applying to tiered plans eqially?


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    Last edited by TC_Mits; 08-05-2012 at 03:47 PM.

  13. #283
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    Quote Originally Posted by TC_Mits View Post
    Did the FCC review or comment on that distinction?

    And on what basis does vzw claim the right to discriminate in that way?


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    http://transition.fcc.gov/Daily_Rele...-12-1228A1.pdf

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    That's a 12 page document. Would you care to be more specific?

    OK. I've gone through it quickly a cupla times. I noted nothing specifically excluding unlimited plans from the terms of the decree. Much general language upholding the broad validity of the 700C regs -- beyond tethering merely. Don't see anything in the specific text of the FCC document Sam linked to that bolsters or validates GSM's claim that unlimited data plans are not able to tether on exactly the same basis as tiered plans.

    The language GSMinCT refers to above is very likely discriminatorily inapplicable since it could only be invoked on the basis of the potential volume of data such a tethered LTE device could process.


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    Last edited by TC_Mits; 08-05-2012 at 04:49 PM.

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    Quote Originally Posted by TC_Mits View Post
    That's a 12 page document. Would you care to be more specific?

    OK. I've gone through it quickly a cupla times. I noted nothing specifically excluding unlimited plans from the terms of the decree. Much general language upholding the broad validity of the 700C regs -- beyond tethering merely. Don't see anything in the specific text of the FCC document Sam linked to that bolsters or validates GSM's claim that unlimited data plans are not able to tether on exactly the same basis as tiered plans.

    The language GSMinCT refers to above is very likely discriminatorily inapplicable since it could only be invoked on the basis of the potential volume of data such a tethered LTE device could process.


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    Quite specifically, the only mention of tethering in the decree, is that VZW cannot block 3rd party tethering apps. It does not prohibit VZW from charging for tethering, only from blocking those apps. There is also a mention of VZW allowing customers on usage based plans (tiered data?) to drop their subscription to VZW Mobile Connect without penalty. But nowhere in that document does it state "VZW must allow free tethering."

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