Class Action Lawsuit on AT&T Data Throttle - AT&T Samsung Galaxy S II Skyrocket SGH-I727

I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?

there was petition and i have thread somewhere.
specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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Click to collapse

specter07 said:
I'm thinking one will be started soon based on I believe that it's a breach of contact based on the termed "Unlimited" Data.
If you look up Unlimited you get the following definition.
1: lacking any controls : unrestricted <unlimited access>
2: boundless, infinite <unlimited possibilities>
3: not bounded by exceptions : undefined
So by AT&T controlling just Unlimited data users rate speeds, seems like a breach of contract. Anyone care to give some insight?
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Click to collapse
Look up all of the terms of the contract. The dictionary definition is completely irrelevant when talking in legal terms, where any word can be defined far differently than it seems to be in the real world. Unlimited probably comes with a whole slew of stipulations and limitations laid out in the contract, including throttling "to maintain quality of service for its customers". Unless you can find somewhere where they advertised and left out an asterisk and/or the fine print, you're boned.

Yup
appdroid said:
there was petition and i have thread somewhere.
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I saw that, I signed it also. Sad thing is that it needs 20,000 people and I have number 120 something.

Here's the thing, they aren't doing anything to your "unlimited" data. They are throttling your speed not your access to the data itself. According to them you can still use as much as you want it's just at a laughable speed. This is all done to, what they hope, make you switch to the 4 gb plan.
While what they as a company are doing to us with the unlimited plan is ridiculous and shouldn't be allowed, I'm not convinced anything can be done about it other then moving companies. I for one will be taking my internet plan to another provider.

Wow, so where are you going to jump ship to. All other carriers have the same plans as At&t. Oh, and if you thinking of going to Sprint I would not their internet speeds are the worst. Just out of curiousity how much is your unlimited data plan anyway?
Sent from my HTC Flyer P510e using XDA App

don't go to sprint. We still get better internet speed with different APN while throttle compare with sprint.

the unlimited plan I signed up for was for the iphone at 30.00 per month. I get to keep that rate for an unlimited plan for the skyrocket.
And I did say internet service not phone service would be moved. I live in San Francisco so it's not like i don't have options for a new isp

Same here, I have the $30.00 a month unlimited plan.
In the legal world, words are open to interpretation unless otherwise noted. So basically going to have to look back to the unlimited plan contract and see if they have anything about restricting speeds.
As far as them not doing anything to my unlimited plan they are. They are restricting me how I use it. Before there were no restrictions on how you use your unlimited plan, now they are restricting my speed to the point where its unusable. I went from downloading 20 + mbps to 0.12 mbps and I've tried switching to HSPA+ but can't seem to get it to work. I've tired about 5 different methods that are posted here and on goggle and nothing, phone wont get a connection.
Also they are only throttling a specific group of people. Now if they did this to every data plan then it would be a different story but since it's only grandfathered unlimited data users I'm sure that would help in the Suit.

This is the one clause that pretty much protects them
http://www.wireless.att.com/cell-ph...Are The Limitations On Service And Liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to wireline Internet. AT&T is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. AT&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
act or omission of a third party;
mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
claims against you by third parties;
damage or injury caused by a suspension or termination of Services or Software by AT&T; or
damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, AT&T isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through AT&T, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by AT&T or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AT&T, or any violation by you of this Agreement. This obligation shall survive termination of your Service with AT&T. AT&T is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.

Oh I agree.. but...you renewed your contract just like I did and we became subject to those new terms. They also have a "right to change terms" in there somewhere...and it has been there for years. Unfortunately unlike credit cards, I don't think there is anything mandating they have to notify you of the changes.
At least with sprint we had the option to opt out without penalty if certain things were changed
specter07 said:
00mred00
That protects them now, but I want to see my original contract from when I got my data plan back several years ago.
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Sent from my SAMSUNG-SGH-I727 using XDA App

No breach of contract because you still have unlimited data. U signed a contract for unlim data usuage not speed. Take your little dictionary terms and shove em you know where. All these threads have on them anymore are people crying about data. Can you find something better to do with your lives? Probably not
Sent from my SAMSUNG-SGH-I727 using xda premium

...says the idiot who attacks people on forums because his mommy didn't love him enough.

Ok people. Enough flaming ...... agree to disagree. But that is correct they can throttle all they want. Att and vzw have fast lte. But throttleing. Sprint has unlimited and does not throttle but there speeds are so slow its like being throttled 24/7

Where can i sign the petition?
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol

When I get home I'll post it for you.
Sent from my SAMSUNG-SGH-I727 using xda premium

I created the thread for petition and Here it is.
super8sean said:
Can someone please post a link for the petition or a class action lawsuit?
Thanks
p.s i'm a newbb lol
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While I agree with the petition and think that AT&T are being miserly with their usage caps, that kind of petition won't get you anywhere. Class action law suits need lawyers, consumer advocates, media savvy activists, and the like. You could have a million signers to some non-binding online petition and a judge wouldn't give a crap.

A petition can help gauge interest before moving forward with a legal team, etc. I don't care much about the throttle issue but I'm definitely interested in joining a class action lawsuit against Samsung for the screen issue.

Related

Verizon/Google dealing major blow to Net Neutrality.

http://voices.washingtonpost.com/posttech/2010/08/google_and_verizon_have_come.html
Seems like the two are in bed for a hell of alot more than just Android.
FCC was weakened on this matter not too long ago and n ow this. Very very bad news for anyone who uses the internet.
Verizon, Google make net neutrality pact, sources say
Google and Verizon have come to an agreement on how network operators can manage Web traffic, according to two sources briefed on their negotiations.
The agreement, expected to be announced within days, comes as the Federal Communications Commission tries to get major Internet content firms and network service providers to strike a deal on disputed points of so-called net neutrality rules. It's unclear how the deal will affect the direction of those discussions.
The FCC said Verizon and Google are still part of meetings between senior staff and officials at AT&T, Skype, a cable trade association and the Open Internet Coalition. Public interest groups criticized the meetings and the rumored agreement between Verizon and Google for allowing giant Internet firms to have a greater say in the future of how consumers access the Web.
Verizon wouldn't confirm that a deal was struck but said in an e-mail statement:
"We've been working with Google for 10 months to reach an agreement on broadband policy. We are currently engaged in and committed to the negotiation process led by the FCC. We are optimistic this process will reach a consensus that can maintain an open Internet and the investment and innovation required to sustain it."
Specifically, Google and Verizon's agreement could prevent Verizon from offering some prioritization to the biggest bidders who want better delivery of content on its DSL and fiber networks, according to the sources. But that wouldn’t apply to mobile phones, the sources said, speaking on the condition of anonymity because the companies have not officially made their announcement.
And Verizon could offer some managed services -- better quality to some Web sites such as those offering health care services, the sources said. But some analysts speculate that managed services could also include discounted YouTube and other services to FiOs customers at better quality.
Google did not reply to a request for comment.
The rumored deal drew criticism from public interest groups, who have argued that the country's biggest Web firms and broadband service providers shouldn't have such a strong influence on how federal rules are formed on Internet access.
“The fate of the Internet is too large a matter to be decided by negotiations involving two companies, even companies as big as Verizon and Google, or even the six companies and groups engaged in other discussions at the Federal Communications Commission (FCC) on similar topics," said Gigi Sohn, president of public interest group Public Knowledge.
FCC Chairman Julius Genachowski's chief of staff has orchestrated meetings with Google, AT&T, Verizon, Skype, a cable trade association and the Open Internet Coalition in hopes of presenting to Congress consensus ground rules that would prevent network operators from blocking or slowing down certain Web sites. Genachowski wants an agreement that will encourage lawmakers to introduce net neutrality legislation as the FCC struggles over its ability to regulate broadband providers.
The six officials at the FCC meetings, which continued Wednesday and will resume Thursday, are hashing out details on whether wireless phones should be included in legislation and if carriers can charge for better quality of service.
The FCC declined to comment specifically on Verizon and Google's deal, but an FCC spokesperson said: "The broad stakeholder discussions continue to actively include Google and Verizon.”
According to the sources, Verizon and Google have met separately to reach an agreement they will tout as an example of successful self-regulation. Once bitter opponents in the so-called net neutrality debate, the firms have grown closer on the issue as their business ties have also strengthened. Verizon partners with Google on their Android wireless phones.
Their actions could set a course for the FCC meetings and what ultimately the parties could present to lawmakers, analysts said.
More from Post Tech:
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Nevermind,
Yay!

Petition against AT&T capping upload speeds anyone?

Hey guys,
I am not sure if any of you are aware but I started a petition on groubal.com about AT&T capping upload speeds on the Atrix 4G. I got arounf $259 signatures already and phonedog.com has published an article about it today.
http://www.groubal.com/att-misleading-their-customers-about-4g-and-capping-upload-speeds/
http://www.phonedog.com/2011/03/01/...-the-lack-of-hsupa-on-their-android-handsets/
I encourage everyone to file claims with the FCC and the BBB...This crap needs to stop !
I'm guessing you don't follow law. ATT is well within their legal right to cap upload speeds. With that new pesky law separating wired and wireless internet they have the power. Plus not to be a downer but do you think ATT is really going to uncap their upload speeds because of an online petition?
On top of all that, limiting the upload speed on the average user, does not affect them at all. And with that cap in place, it will yield faster download speeds for everyone.
The amount of entitlement some people think they deserve never ceases to amaze me.
Amazing.
Sent from my Desire HD using XDA App
Whatever...I am entitled to it because I pay for it ! You guys are missing the point and I am glad I do not think the way both of you do. AT&T should cap speeds for eveybody and not do any kind of favoritism.
"I'm guessing you don't follow law" dumbest thing I have heard in a long time..Consumers are protected by law as well.
I understand the misleading aspect of your argument (when I bought the phone some reps told me things I knew were false), but a petition will probably net you nothing but frustration.
Sent from my Desire HD using XDA App
It does not hurt to try....
2kgt said:
The amount of entitlement some people think they deserve never ceases to amaze me.
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Spot-on with the comment. It's why we're falling so far behind... "I was a victim because I didn't read my mortgage contract" ... always looking to play victim.
If someone doesn't like the upload cap, go to another provider.
zizo79 said:
Consumers are protected by law as well.
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You don't have to be rude.
I was merely pointing out that with the new law change, ATT has the right to cap their upload speeds. But since you insist on being that way. Good luck with your ignorant and petty petition which will inevitably go no where.
Peace
zizo79 said:
Whatever...I am entitled to it because I pay for it ! You guys are missing the point and I am glad I do not think the way both of you do. AT&T should cap speeds for eveybody and not do any kind of favoritism.
"I'm guessing you don't follow law" dumbest thing I have heard in a long time..Consumers are protected by law as well.
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You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
I do not feel like a victim of any sort...Good luck with your 130-150 kbps speeds.
colbur87 said:
You don't have to be rude.
I was merely pointing out that with the new law change, ATT has the right to cap their upload speeds. But since you insist on being that way. Good luck with your ignorant and petty petition which will inevitably go no where.
Peace
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Good response, anyone who argues that they have a "legal right" to take whatever data they want "because I pay for it" is clearly delusional. It's just immature and so incorrect.
bella92108 said:
You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
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Click to collapse
Hey OP you got me thinking of signatures now...
/sign this post
zizo79 said:
I do not feel like a victim of any sort...Good luck with your 130-150 kbps speeds.
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130-150kbps speeds? That's random.
bella92108 said:
You clearly have no understanding of the law. You signed a contract and one of the terms of the contract is that ATT may regulate network speeds as they deem necessary to maintain a healthy network.
They can put a term in there to whatever affect they wish, and if you sign it, you're obligated to it. The ONLY terms they're forbidden to include are those which violate a local\federal\state law, like if they were to impose a $50 late payment fee, that would be against the law. But if they state that they can, at their discretion, limit\throttle\suspend your network access if they determine you're abusing it, it was your CHOICE to sign up for such service, and YOU must comply, otherwise it's YOU who violated the contract, not them.
File a complaint with the FCC and hire an attorney if you don't believe me. Or simply READ your contract rather than spouting unfounded garbage
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Click to collapse
It will really nice if you point me in their contract where they can do as they wish with their network...lol
colbur87 said:
Hey OP you got me thinking of signatures now...
/sign this post
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Click to collapse
Can we sign a petition against self-entitlement petitions? hehe
The universal response in front of the grocery store to "Sir will you sign a petition for _______ cause?" is "Oh, I'm not a registered voter in THIS county" ... sometimes it's better to burry head in sand. hehe
zizo79 said:
It will really nice if you point me in their contract where they can do as they wish with their network...lol
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6.1 What Are The General Terms That Apply To All Data And Messaging Plans? Print this section | Print this page
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device.
On Data Services with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information. All data allowances, including overages, must be used in the billing period in which the allowance is provided or they will be forfeited.
A pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device required. An Activation Fee may apply for each data line.
The consumer data plan does not allow access to corporate email, company intranet sites, and other business applications. Access to corporate email, company intranet sites, and/or other business applications requires an applicable Enterprise Data plan. Enterprise Email requires an eligible data plan and Device. Terms may vary depending on selected Enterprise Email solution.
AT&T RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
See related links | See all legal
it amazes me to see that you all are not seeing the picture of this petition. Its not to complain about something in the contract. What we are fighting for is the reason WHY our phones are limited in upload speeds when the Iphones have a much higher cap. They are on the same network, same data plans, and yet they have better upload and download. I don't know about you all but when Im paying for a service I expect to get the same treatment as everyone else paying for that same service.
bella92108 said:
6.1 What Are The General Terms That Apply To All Data And Messaging Plans? Print this section | Print this page
AT&T provides wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device.
On Data Services with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information. All data allowances, including overages, must be used in the billing period in which the allowance is provided or they will be forfeited.
A pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device required. An Activation Fee may apply for each data line.
The consumer data plan does not allow access to corporate email, company intranet sites, and other business applications. Access to corporate email, company intranet sites, and/or other business applications requires an applicable Enterprise Data plan. Enterprise Email requires an eligible data plan and Device. Terms may vary depending on selected Enterprise Email solution.
AT&T RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS CUSTOMER AGREEMENT.
See related links | See all legal
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Boom.. very nice bella. I think this thread can be closed now...
zizo79 said:
It will really nice if you point me in their contract where they can do as they wish with their network...lol
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Oh also this term:
6.11.1 What Are the General Terms that Apply to All DataConnect Plans?
We may, at our discretion, suspend your account if we believe your data usage is excessive, unusual or is better suited to another rate plan. If you are on a data plan that does not include a monthly MB/GB allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; provided that, prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Data Service.

Concerned with rhe AT&T&T merger? FCC Listens...

http://www.reddit.com/r/Android/comments/h04zw/fcc_opens_comment_period_for_att_takeover_of/" target="_blank
Looks like the FCC wants to listen to the public for once...
Thoughts?
I am a T-Mobile USA Customer. My contract ends right about the time when the merger should be complete. I personally have mixed thoughts about this merger, mainly because of how much AT&T charges for their plans. I am currently in one of the old 1500 minutes family plan + unlimited mobile to mobile + unlimited nights and weekends + unlimited data + unlimited messaging for $99.99 monthly (this plan doesnt exist anymore)
Honestly, as long as I get to keep my plans as it is and have access to the latest phones at a discounted rate like i am now, I'll be happy.
I can't wait for the merger to go through
The thread is a bit flaky here is the posting from the PDF:
I personally think we ALL NEED TO EMAIL AND MOBARD COMMENTS ABOUT THIS TO THE FCC !!!
IF not then we get what we get---
Here is the public notice:
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554 DA 11-799
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
Released: April 28, 2011
AT&T INC. AND DEUTSCHE TELEKOM AG SEEK FCC CONSENT TO THE TRANSFER OF
CONTROL OF THE LICENSES AND AUTHORIZATIONS HELD BY T-MOBILE USA, INC.
AND ITS SUBSIDIARIES TO AT&T INC.
WT Docket No. 11-65
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due: May 31, 2011
Oppositions Due: June 10, 2011
Replies Due: June 20, 2011
I. INTRODUCTION
AT&T Inc. (“AT&T”) and Deutsche Telekom AG (“Deutsche Telekom”) have filed applications
pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended,1 seeking
Commission consent to the transfer of control of the licenses and authorizations held by T-Mobile USA,
Inc. (“T-Mobile USA”) and its wholly-owned, majority-owned, and controlled subsidiaries to AT&T
(AT&T, Deutsche Telekom, and T-Mobile USA are collectively referred to as the “Applicants”).
Specifically, AT&T has agreed to acquire from Deutsche Telekom all of the stock of T-Mobile USA,
subject to obtaining all necessary regulatory approvals.
II. SECTION 310(d) APPLICATIONS
Parts 22, 24, 27, and 101 – Wireless Radio Services Applications
The following applications for consent to the transfer of control of licenses held by certain
subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the file numbers
listed below.
File No. Licensee Lead Call Sign
00046693832 T-Mobile License LLC KNLF202
0004673673 Cook Inlet GSM IV PCS Holdings, LLC KNLF504
0004673727 Powertel Memphis Licenses, Inc. KNLF255
0004673730 SunCom Wireless License Company, LLC KNKN557
0004673732 T-Mobile Puerto Rico LLC KNLF249
1 47 U.S.C. §§ 214, 310(d).
2 This application is the lead application for the wireless radio services.
2
File No. Licensee Lead Call Sign
0004673735 T-Mobile West Corporation KNLF227
0004673737 VoiceStream Pittsburgh, L.P. KNLF242
0004673739 WALLC License, LLC WPNL499
0004675960 CookInlet/VS GSM VII PCS, LLC WQCS389
0004703157 Iowa Wireless Services Holding Corporation KNLG769
Parts 24 and 27 – Wireless Radio Services Applications – De Facto Transfer and Spectrum
Manager Leasing Arrangements
The following applications for consent to the transfer of control of spectrum leasing arrangements
held by certain subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the
file numbers listed below:
File No. Lessee Lead Lease ID
Number
6013CWSL11 T-Mobile License LLC L000008117
6014CWSL11 T-Mobile License LLC L000008120
6015ALSL11 Iowa Wireless Services Holding Corporation L000001014
6016CWSL11 Iowa Wireless Services Holding Corporation L000001109
0004698766 Iowa Wireless Services Holding Corporation L000007750
III. SECTION 214 AUTHORIZATIONS
The following application for consent to the transfer of control of international section 214
authorizations held by T-Mobile USA and certain of its subsidiaries from Deutsche Telekom to AT&T
have been assigned the file numbers listed below.
File No. Authorization Holder Authorization Number
ITC-T/C-20110421-00109 Iowa Wireless Services Holding
Corporation
ITC-214-20020513-00251
ITC-T/C-20110421-00110 T-Mobile Puerto Rico LLC ITC-214-20070626-00246
ITC-T/C-20110421-00111 T-Mobile USA, Inc. ITC-214-20061004-00452
ITC-T/C-20110421-00112 T-Mobile USA, Inc. ITC-214-19960930-00473
IV. EX PARTE STATUS OF THIS PROCEEDING
Pursuant to section 1.1200(a) of the Commission’s rules,3 the Commission may adopt modified or
more stringent ex parte procedures in particular proceedings if the public interest so requires.4 We have
3 47 C.F.R. § 1.1200(a).
4 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission’s rules
on ex parte presentations. Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, GC
Docket No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011).
The revised rules are awaiting publication in the Federal Register, and are not yet effective.
3
previously announced that this proceeding will be governed by permit-but-disclose ex parte procedures
that are applicable to non-restricted proceedings under section 1.1206 of the Commission’s rules.5
Parties making oral ex parte presentations are directed to the Commission’s statement
reemphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that
memoranda summarizing the presentation must contain the presentation’s substance and not merely list the
subjects discussed.6 More than a one- or two-sentence description of the views and arguments presented is
generally required.7 Other rules pertaining to oral and written presentations are set forth in section
1.1206(b) as well.8 We urge parties to use the Electronic Comment Filing System (“ECFS”) to file ex
parte submissions.9
V. REQUESTS FOR EX PARTE MEETINGS
All requests for meetings with Commission staff regarding this Docket should be made online,
using the link at http://www.fcc.gov/transaction/att-tmobile_exparte-meeting-request/. Those
who lack Internet access may direct their requests to Morasha Younger, Spectrum and Competition
Policy Division, Wireless Telecommunications Bureau, 202.418.1203.
VI. GENERAL INFORMATION
The transfer of control applications referenced herein have been found, upon initial review, to be
acceptable for filing. The Commission reserves the right to return any application if, upon further
examination, it is determined to be defective and not in conformance with the Commission’s rules or
policies. Final action on these applications will not be taken earlier than thirty-one days following the
date of this Public Notice.10
Interested parties must file petitions to deny no later than May 31, 2011. Persons and entities that
file petitions to deny become parties to the proceeding. They may participate fully in the proceeding,
including seeking access to any confidential information that may be filed under a protective order,
seeking reconsideration of decisions, and filing appeals of a final decision to the courts. Oppositions to
such pleadings must be filed no later than June 10, 2011. Replies to such pleadings must be filed no later
than June 20, 2011. All filings concerning matters referenced in this Public Notice should refer to DA
11-799 and WT Docket No. 11-65, as well as the specific file numbers of the individual applications or
other matters to which the filings pertain.
To allow the Commission to consider fully all substantive issues regarding the Applications in
as timely and efficient a manner as possible, petitioners and commenters should raise all issues in
5 47 C.F.R. § 1.1206; see Commission Opens Docket for Proposed Transfer of Control of T-Mobile USA, Inc. and
Its Subsidiaries From Deutsche Telekom AG to AT&T Inc., WT Docket No. 11-65, Public Notice, DA 11-673 (rel.
Apr. 14, 2011); Commission Announces That the Applications Proposing the Transfer of Control of the Licenses
and Authorizations Held by T-Mobile USA, Inc. and Its Subsidiaries From Deutsche Telekom AG to AT&T Inc.
Have Been Filed and Permit-But-Disclose Ex Parte Procedures Now Apply, WT Docket No. 11-65, Public Notice,
DA 11-722 (rel. Apr. 22, 2011).
6 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
7 See 47 C.F.R. § 1.1206(b)(2).
8 Id. § 1.1206(b).
9 See discussion infra Part VI.
10 See 47 U.S.C. § 309(b).
4
their initial filings. New issues may not be raised in responses or replies.11 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it
was not possible for it to have raised the issue previously. Submissions after the pleading cycle has
closed that seek to raise new issues based on new facts or newly discovered facts should be filed
within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not
timely raised may be disregarded by the Commission.
Under the Commission’s current procedures for the submission of filings and other documents,12
submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the
Commission.
· If filed by ECFS,13 comments shall be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
· If filed by paper, the original and four copies of each filing must be filed by hand or messenger
delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th Street, S.W., Room TW-A325, Washington, D.C.
20554. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be disposed of before entering
the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the Commission’s Secretary, Office of
the Secretary, Federal Communications Commission.
One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered
as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to:
(1) the Commission’s duplicating contractor, Best Copy and Printing, Inc., at [email protected] or
(202) 488-5563 (facsimile); (2) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau
(WTB), at [email protected] or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and
Competition Policy Division, WTB, at [email protected] or (202) 418-7447 (facsimile);
(4) Jim Bird, Office of General Counsel, at [email protected] or (202) 418-1234 (facsimile); and
(5) David Krech, Policy Division, International Bureau, at [email protected] or (202) 418-2824
(facsimile). Any submission that is e-mailed to Best Copy and Printing, Kathy Harris, Kate Matraves, Jim
Bird, and David Krech should include in the subject line of the e-mail: (1) WT Docket No. 11-65; (2) the
name of the submitting party; and (3) a brief description or title identifying the type of document being
submitted (e.g., WT Docket No. 11-65, Widget Corp., Notice of Ex Parte Communication).
Copies of the application and any subsequently-filed documents in this matter may be obtained
from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C.
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
11 See 47 C.F.R. §1.45(c).
12 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
13 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
5
[email protected]. The application and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
application is also available electronically through ECFS, which may be accessed on the Commission’s
Internet website at http://www.fcc.gov. In addition, the applications are available electronically through
ULS, which may be accessed on the Commission’s Internet website. Additional information regarding
the proposed transaction will be available on the FCC’s Office of General Counsel’s AT&T/T-Mobile
website, http://www.fcc.gov/transaction/att-tmobile.html, which will contain an unofficial listing and
electronic copies of materials in this matter.
To request materials in accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Contact the FCC to request
reasonable accommodations for filing comments (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected]; phone: (202) 418-0530; or TTY: (202) 418-0432.
For further information, send an email to AT&[email protected]
-FCC
I've been a T-Mobile customer for seven or eight years now and have never regretted a moment of it. These people have always gone above and beyond to make me feel like I was worth something to them as a customer and a person. I haven't had to contact them often, but when I did, I always knew I would hang up the phone with a smile on my face. T-Mobile US has one of the best customer service departments in the world in terms of customer satisfaction. If I were planning to commit suicide, I would probably call T-Mobile, since I know they would be able to talk me down.
On the flip side of this is AT&T, with whom I've had some of the worst customer service and just service in general in all of my life. I started out with my first cellular device through Cingular Wireless. I wouldn't say they were the best service (they were far from it), but most of my friends and family were on the network and it was in the early days of the talk for free within the network deals. AT&T came along a few years later and ruined any creditability Cingular Wireless had provided me. When the networks in my area finally were updated to EDGE through AT&T, I immediately began having problems with dropped calls and spastic data rates. Calling to complain about this service garnered me a generic response from them along the lines of "What do you want me to do about it?" The customer should not be the one who suggests that the cellular connection to the tower needs to be reset.
After a full year of waiting out my contract and the remainder of my patience with them, I began searching for an alternative solution. I narrowed down my list to All-Tel and T-Mobile for their outstanding customer service. T-Mobile won me over, since, at the time, I was using my HP iPAQ hw6945 (HTC Sable), and needed a GSM network. Since that day, I have constantly raved about their phenomenal customer service, support and network speed. I was also blown away by their astonishingly competitive pricing.
I am currently paying the same $50 for service that I was when I signed up initially. I have a plan consisting of 1000 minutes a month (I can't think of a time when I would ever need more than that), unlimited text, and unlimited data ($30+$10+$10). This data plan also includes tethering for free. I haven't been under a contract with them since the first year I was with them, as it was required. I have never been hassled about updating my terms of service, or anything of the sort. It has been one completely happy ride other than the spotty 3G coverage which has been growing rapidly.
With all of this considered, I must say that I am completely shocked and appalled that the company is being sold off to the only other GSM network in the country with a national footprint: AT&T. Though the transaction isn't completely finalized yet, I see no reason why the FCC would oppose this as they also let Verizon's "Net Neutrality" rules pass, even though they were completely one-sided.
Other than customer service from AT&T (or lack thereof, rather), this also presents yet another problem for the customers of T-Mobile: 4G. We will now be set to move into AT&T's field of using LTE instead of HSPA+ or WiMax for our 4G coverage. For those of you who don't already know, LTE is not the happy trail to the Internet you may think.
The LTE standard was designed with carriers in mind, not consumers. This means that the format allows carriers to control the content they show you. You will begin seeing tiered data plans with access to partial content coming as soon as the networks expand. For example, if you decide to get the cheapest data plan, you will not only be limited in maximum data caps, but also certain things like YouTube may be filtered out of your service because you would have to pay extra for it. AT&T and Verizon have already come out and said that this will happen with services like Skype and YouTube. WiMax does not allow any of this as it was intended to be an open format set up with end users in mind. HSPA+ simply doesn't support the concept.
Am I the only one concerned here? I think if this does go through, I'll be booking it over the Sprint. I am not fond of CDMA networks, but it's FAR better than the alternative.
Sources:
Lots of good LTE vs. WiMax links in this thread
AT&T/T-Mobile US acquisition details
Sprint welcomes you wimax all the way unless u live in a basement then ur screwed
Sent from my SPH-D700 using XDA Premium App
I have been a T-Mobile customer since the release of the Samsung Vibrant (so about 7 months or so). I have gone from that device to the G2 to the Mytouch 4G and now own a Nexus S, while not on contract, I still enjoy T-Mobile, the price is great and I do not need a contract. AT&T is promising that no one with a contract will have to change their contract, but what about me? I am one of those people that dislike a long term commitment, especially since I cannot see myself using a device longer than a year. I also cannot afford to be tied to a contract, I enjoy the service it's fast and very reliable. AT&T would make me either get a 2 year contract or take a hike, which is ridiculous. The idea that every single T-Mobile subscriber will go to AT&T and form THE biggest number of subscribers is ludicrous. I doubt people will be willing to pay the price that AT&T has for this "super network" mostly due to the fact that their service is downright dreadful, and extremely expensive, plus the majority, if not all devices that T-Mobile users own... most likely are not going to be compatible with the new Network, meaning we will also need new devices.
In all I think this shouldn't happen, it would also be unfair to the competition and to me and several other people, who rely on this great, cost friendly service. I hope this doesn't happen because if this does, I seriously don't know which network to turn to, their prices are just that great.
This deal to me, who is a tmobile usa customer is some BS. First of all if this deal goes through, and I am forced by AT&T to upgrade b/c tmobile cell towers are turned off or changed to a different frequency, i will be screwed b/c there is no way in hell i would be able to pay for an at&t plan or even worst will be forced to stay with my current phone but probably only receive edge signal instead of 3g/4g signal. The whole reason i left Verizon and went to Tmobile is b/c its significantly cheaper than Verizon and also cheaper than AT&T and the service is good.
Second AT&T claims that this merger will stimulate the economy but how would it when tmobile employees will be layed off b/c a lot of employees at tmobile will have the same jobs as AT&T employees, so instead of AT&T paying 2 people to do 1 job, they will most likely lay off the Tmobile employees. how is laying off employees going to stimulate and help grow economy in USA.
Third if the FCC allow this deal to go through then we in the USA will be left with one GSM carrier, forming a monopoly in the GSM field in the USA, so that means AT&T will be able to up the price of plans, phones and etc., b/c they are the only GSM carrier left and for all of us who only won't GSM phones we will be screwed b/c we won't have any other option but to pay what AT&T says b/c they have a monopoly. Also I think the FCC should take into account that the reason why phone prices/plans are the way they are is b/c there are 4 major carriers, by reducing it to 3, that means less competition, and when there is less competition the customers feel the pain of that. I don't think they want to force people to decide which to choose between "Food" or "having a cellphone" b/c as it is, our economy here in the States is in harsh times, people are losing jobs and for the people who have jobs, wages aren't going up, so if a cell phone company raises prices, then people will be screwed b/c of this harsh economy and will be forced to have to make cut backs to save money and one of those just might be having a cell phone.
I hope FCC that no one but at&t will benefit from this deal and not consumers.
For anyone that wants to read an article that looks at it from both points of view check this link out: http://thisismynext.com/2011/04/26/att-t-mobile-usa-case-merger/
the person who wrote article, wrote it beautifully and looks at a lot of details about the merger.
just posed to stop merger
I switched to T-Mo to get away from att, their expensive plans and bad service (customer service and radio reception).
Too bad the form needs you to identify yourself publicly.
NOTE: The filing you are making is a public filing.
Any information that you submit will be available to the general public.
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I have been with AT&T since Novemeber 3, 1995 when I bought my first phone at Best Buy. I still have the receipt. I was still in college at the time. Back then customer service was very good. You could switch your plan any month with no contract extensions. You could get a discount on a phone every year. And your contract was only 1 year with each phone purchase.
Then cingular came. I had heard of rollover minutes and was excited to have them. Then, after accumulating about 8000 rollover minutes I wanted to lower my plan, since I obvously was paying for more than I needed. Cingular wanted me to extend my contract for 2 years, and lose almost all of my rollover minutes. Instead, I kept my existing plan and filed a complaint at bbb.org. Then cingular contacted me. They ended up letting me lower my plan and keep all the rollover minutes and I did not need to extend my contract. But, I should not have needed to do this. Cingular support was horrible.
I had stuck with them, because I like my phone number. Now there is number portability, so this is not an issue.
Since then Cingular became AT&T again. AT&T coverage used to always be the best in some areas that I would vacation and was great where I lived. I have been considering switching to T-Mobile for a long time, but I get bored with my phone and ugrade after 18 months, which extends my contact for 2 years. Now the fees to break the contract early are $350, minus $10 for every month you are with them, with a sudden drop to $0 after 2 full years. This is alot more than it used to be.
I am locked with AT&T for a little more than a year. They no longer have an unlimited data plan, unless you are grandfathered in. There is now only a $10 text message plan or pay as you go. Not sure why they can't just count a text as 1 minute, or even 2 minutes. Not that any carrier does that, but effectively the prepaid plans give you that.
I had not cared much about my bill for the last 3 years, because I have been able to expense it to work and get reimbursed. That is potentially changing. If not for the pending merger, I would consider paying to prematurely cancel and switch to AT&T. I never understood why carriers didn't offer to pay the cancellation fee to get new users and bill something monthly or tack it onto the new cancelation fee or require more time based on the amount paid.
Not having competition is only going to give AT&T no reason to lower their prices or work harder for the consumers.
But this merger will not stimulate or hurt the economy. No one will not have a cell phone as a result of this. Paying 2 people to do the same thing makes no sense. Employing someone simply for the sake of giving someone a job does not help the economy or anyone in the long term. It just creates complacency. The stimulating factor is that if the person let go has talent, then that talent will eventually be consumed by another company in potentially a whole new industry that does not exist. It really sucks to be that person initially though. If call centers were already operating at full capacity, then they will still need the full amount of staff. In malls, there will be just 1 store instead of 2. Landlords will be collecting less rent. Total tower usage is not going to go down. So, the same number of workers to maintain them will be needed. I suspect towers will be outfitted to handle all frequencies of AT&T and T-Mobile, so this will require additional workers. It is really going to just be a shifting around of who has a job and who doesn't, but the net will be virtually no change.
In the end though consumer choice is really being hurt. I am normally all about the free market taking care of itself, but we know this does not work in monopoly or near monopoly situations.
Because this will hurt consumers and it effectively becomes a monopoly, I am against this merger.
Im a jobless man, have a three year old phone (though Im a tech-loving guy and desperately want to upgrade my device) and use internet (google voice and skype) for making calls. However I needed a phone number to put on my job application forms and to recieve calls from the employers. I couldnt afford the post-paid packages of any network so I thought about prepaid. After alot of research, I found that T-mobile has the most affordable prepaid package ($10 for 30 minutes valid for 3 months). So Im using this cheapest available plan now. Im really afraid that if I dont get a job and this great company is taken over by AT&T , what would happen to me and many others like me. Im married, have children and cant afford paying big phone bills. GOD help us.
PixoNova said:
I can't wait for the merger to go through
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+1 ... I also am hoping it will happen. Canned T-Mobile and now am exclusively AT&T. AT&T needs the bandwidth to advance their 4G/LTE network. Let T-Mobile be gobbled up with ferocity!
Just posted stop the Merger!
MartyLK said:
+1 ... I also am hoping it will happen. Canned T-Mobile and now am exclusively AT&T. AT&T needs the bandwidth to advance their 4G/LTE network. Let T-Mobile be gobbled up with ferocity!
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the whole thing about bandwidth is a bunch of baloney, AT&T have so much spectrum through there last merger, that they are not using a lot of there bandwidth. The reason why they need tmobile is b/c tmobile spectrum/radio frequencies are mostly unified on similar frequencies, so it would be most cost effective and cheaper to just by tmobile and use there network which is more unified and change it into LTE rather than using there own AT&T network; whose network refrequencies are not unified.
For AT&T to actual go LTE without using Tmobile network they would have to first unify there radio frequency then go LTE which would cost them to much money.
I am against this merger, "ma bell" is trying to buy her way to recreate the "empire"
their symbol looks like the death star for a reason
If the merge happens then that means htc sensation will be available for at&t??? If so, I cant wait for the merge to happen. Yipppeeeekayay!
mjmonsada said:
If the merge happens then that means htc sensation will be available for at&t??? If so, I cant wait for the merge to happen. Yipppeeeekayay!
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you forgot the MF
im against the "merger". att has plenty of bandwith and i dont think people with tmobile want to go from good customer service to none at all. im just glad i have verizon with a real 4g lte network and not att's 4g (which is just hspa). if anyone on tmobile is considering switching carriers, well ill just give you a glimpse into what verizons 4g is like
m356f1 said:
im against the "merger". att has plenty of bandwith and i dont think people with tmobile want to go from good customer service to none at all. im just glad i have verizon with a real 4g lte network and not att's 4g (which is just hspa). if anyone on tmobile is considering switching carriers, well ill just give you a glimpse into what verizons 4g is like
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That speed was amazing but to be fair, we won't know if Verizon LTE will remain as fast as it is now, until they have more people on LTE using there network, then lets see how fast there speeds are.

New T-Mobile Data Policy

T-Mobile.com Manage Your Account Support
Important Notice about Domestic Data Use While Off the T-Mobile Network
Beginning on April 5, 2012 there will be a limit on the amount of data that can be used while a T-Mobile customer's device is connected to another provider's network ("off network" or "domestic romaing"). Customers that are domestically roaming will receive free text message usage alerts for data. If the roaming data limit is exceeded for a Rate Plan, then data service will be suspended from off-network roaming until the start of the next bill cycle or a qualifying change is made to the Rate Plan. This will not impact: (1) voice usage, and (2) data usage on the T-Mobile network.
To determine domestic roaming areas, see the T-Mobile data coverage map by visiting www.T-Mobile.com/Coverage. The domestic roaming data allowance for each Rate Plan is outlined in the chart below. To use this chart, review the Current Rate Plan Full Speed Data Allotment column to identify the megabytes (MB) or gigabytes (GB) included in your Rate Plan, and then see the domestic roaming data usage limit that applies on the right. The megabytes of gigabytes for a Rate Plan can often be found by reviewing the Available Service section on page 1 of the bill (ex: Classic Simple 200MB Data Promo) or by dialing #WEB# send from your mobile phone.
Current Rate Plan Full Speed Data Allotment New Domestic Off Network (Romaing) Data Limit
1MB to 199MB 5MB
200MB to 1.99GB 10MB
2GB to 4.99GB 50MB
5GB to 9.99GB 100MB
10GB and above 200MB
Mobile Web Pay Per Use 10MB
Off-network data use may occur even when you are within the T-Mobile coverage area. See T-Mobile.com for directions on how to update device settings to avoid domestic roaming and for more information about this notice. Review Sections 3-5 of T-Mobile's Terms and Conditions available at T-Mobile.com for information on your rights (which may include early service cancellation) as a T-Mobile customer. Please retain a copy of this notice for your records. © 2012 T-Mobile USA, Inc.
©2002-2012 T-Mobile USA, Inc. | Terms of Use | Terms & Conditions | Return Policy | Privacy Policy
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
Blue6IX said:
I just got this email.
I do not accept the terms of this change to my contract.
I will be voicing my problem with this with t-mobile on monday morning.
I enrolled in this plan with them specifically for data and do not use voice or text, and am frequently out of t-mobile tower range.
This is a breach of contract and I expect I will need to talk to a lawyer, looks like my contract with them for service has been voided. I have no doubt that they will try to charge me a termination fee, and I also have no doubt I will see them in court.
Lets hope it doesn't come to that.
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let us know what happens im sure i will be calling after you do on Monday, oh id use a call recorder app just to be on the safe side for your end you never know when you might need part of the conversation you have with one of them.......hey they do it to us why not reverse it on them. It just seems like they just keep making their loyal customers want to leave from all these sneaky moves. somebody does not know how to operate a company very well
strapped365 said:
All you have to do is basically make them aware you know its breech of contract and tell them to let you off contract etf free because of that
Sent from my HTC Sensation XE with Beats Audio using Tapatalk
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Yea, that's basically what I assume will happen - I was sold on it because of mobile data off-tower advantages.
Sent from my Bulletproof_Doubleshot using xda premium
any news on this? Anyone call ?
Sent from my HTC myTouch_4G_Slide using Tapatalk
I just woke up a little bit ago, and by the time I get my head about me it'll be too late to call today.
I have work at 7 a.m. tomorrow, so if I get done early enough i'll call then. I wok day and night shifts so sometimes it's hard for me to be available during business hours.
Customer care is open 24/7. I don't understand how it is ever to late to call.
I would love to get out of contract ETF free, I want to move to AT&T, that Galaxy Note is amazing, but AT&T sucks on stale nutsack.
I tried to cancel three times. No luck
Sent from my myTouch_4G_Slide using XDA App
sabeard said:
Customer care is open 24/7. I don't understand how it is ever to late to call.
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I have a half dozen issues to take up in the call beyond this, so I just figured i'd have to call during normal business hours to be able to interact with billing and retentions during the course of the call - wasn't aware they were available around the clock as i've tried before off-hours and was unable to get my issues resolved.
I definitely have to get this all resolved before this billing cycle is up because t-mo is trying to fleece me pretty good and i'm not impressed at all.
Any update on this?
Sent from my HTC myTouch_4G_Slide using xda premium
Can someone ex plane this in laymans terms please.
Sent from my SGH-T989 using xda premium
Madblaster6 said:
Can someone ex plane this in laymans terms please.
Sent from my SGH-T989 using xda premium
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Basically tmobile is changing how much data you are allowed to use while roaming. More like decrease it by cutting you off once you reach your limit. The amount you get depends on your current data plan. People are arguing that this is a breach of contract and are trying to get out of their contract ETF free so they can move to a provider who basically have better coverage which would mean no roaming data. Tmobile is playing hardball and letting some people out but not others based on past roaming behavior. Basically the new plan ducks
Sent from my myTouch_4G_Slide using XDA
smockonallama said:
Off-network data use may occur even when you are within the T-Mobile coverage area.
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How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
liht said:
How is this even possible. If you are in the tmobile coverage area...wouldn't you be connected to tmobile? Are they saying "oh sorry, the device you have (that we sold you) didn't pick up our signal, and it thought it was roaming, so pay us money for all the data you used."
Really!?
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UPDATE: Today - 15 March 2012 - at 1:27 I phoned T-Mobile {611} to talk about this new "Domestic Data Roaming" Plan and explained to them that I have been w/ T-Mobile for 12 years but that I am not happy that they have changed the existing plan and would like to opt out of the contract w/ out paying an ETF {Early Termination Fee} and this is what I was told:
"This plan will only affect 1% of T-Mobile customers. Through extensive research it was determined that YOU are not in that 1% and therefor you will not be effected at all."
I spoke w/ two different people - one just a regular customer service rep and secondly a lady w/ the T-Mobile Customer Loyalty Center. Both were nice, but both told me, essentially, the same thing.
My comeback to them was that they have only viewed past data usage and are not taking into account FUTURE data usage and explained that this summer I will be doing a lot of traveling, which I am, as I will be seeing several shows of Roger Waters - The Wall Live, and I feel that this may affect me at that time.
To them, this did not matter. I asked when my "30-day window" would close as in their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
The lady told me - and I quote - "There is no 30-day window for you since this plan will not have any effect on your account."
So, to summarize, they are claiming that 1% - I was even told twice that it's actually LESS than 1% - of their customer's will be affected by this new "Data Usage Change" and that they claim that they only looked at past data usage and did not take into account future usage and since I don't fall into that 1% or less category, I have NO RIGHT TO TERMINATE EARLY W/ OUT PAYING A PENALTY.
I thought I would share this as - to me - this seems like a load of horse crap. They have a contract that I agreed to - they are changing the contract and are changing it based on PAST DATA USAGE w/ NO consideration of future usage and also are adamant that I have no window to vacate the current contract.
Sorry for the lengthy response, but I feel this will be useful to some - or all - of you, and I am also curious about how they can "get away" w/ this crap of saying "since it doesn't affect you based on your past, there is nothing you can do to void the contract in the future."
Thanks for reading, I welcome any and all input.
PS: I know that this is in the My Touch 4G Slide forum and I have a Galaxy S-II, but when I Googled this "contract" stuff, this is what came up. If a MOD feels this should be moved, feel free to do so. I don't believe that a difference in phones will matter when it comes to "contracts" so I went ahead and posted it here. Forgive me if I have made an error.
InTheFlesh? said:
their own Term & Conditions, rule 6, it states:
6. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
Click to expand...
Click to collapse
This right here is pretty much why contracts suck. You are stuck with what they give you and can't make your own contract.
That is what they told me too. BS if you ask me.
Sent from my myTouch_4G_Slide using XDA
The 2 magical words to get a rep to actually listen to you are SUE and BBB. Just state to them that you spoke with your lawer and that there is with no doubt a breach of contract, and if they don't sucomb and cancel without etf that you WILL press charges and sue. Believe me I've worked overseas for sprint customer service, and the only way we were allowed to get off our asses and escalate the call to our supervisers and/or managers is by hearing those 2 words, especially anything that had to do with courtrooms...
Sent from my HTC myTouch_4G_Slide using Tapatalk
I used BBB and Ftc threat. I actually did file a complaint on the FTC website. Didn't seem to matter to the rep.
Sent from my myTouch_4G_Slide using XDA

T-Mobile plans to put an end to excessive data use.

http://gizmodo.com/t-mobile-will-stop-customers-abusing-unlimited-data-1727652180
Will this mean that T-Mobile will no longer be truly unlimited? The article states that T-Mobile has software to track whether excessive data users are taking advantage of the system by modifying their devices to hide tether. So stop me if I'm wrong but being able to tell what data you view, stream, or use would be invasion of privacy. And I believe it's illegal for the carriers to monitor what data content is. So by throttling a user for so called cheating the system would mean submitting evidence that they ,the carrier, has invaded the subscribers privacy. And didn't AT&T get fined $100 by the FCC recently for throttling unlimited users due to breach of contract? Check out this article, its a good read......
http://gizmodo.com/t-mobile-will-stop-customers-abusing-unlimited-data-1727652180
That only applies to the USA. European Privacy laws dictate that providers are not allowed to see the details of data usage. Deutsche Telekom and all T-Mobile branches in Europe can not, and will not block or track users based on data usage. If they do they face an instant seize and desist from the EU high court on all assets, the charges being direct violation of EU privacy laws.
A few providers tried to ban tethering for a while a couple of years ago, but thanks to Neelie Kroes they got a hefty fine and we got a law that prevents them from limiting specific services.
Besides, do we even have unlimited 4G data plans in Europe? Low-speed 3G maybe, but not 4G.
This is mild compared to the actual level of spying that US providers do. Did you know they can even see what apps their users have installed and, if they're internet-using apps, how many times they use them? Lots of cases where users had warranty service refused because an app that required root access was running on their phones. They've even got the right to remotely remove apps from a user's phone without informing the user. It's terrifying to think that people actually tolerate such a thing...

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