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AT&T Should Be Investigated For 'Fraudulent' Data Policies, Says PK

zacharye writes "AT&T on Monday announced a new plan that will let developers pay for the data used by their apps and services. The data consumed by apps that make use of this new feature would not apply toward a user's data cap. The new service was pitched as a way for content providers to ease customers' growing concerns over wireless data usage, however one public interest group sees the feature as a slap in the face to AT&T subscribers. 'This new plan is unfortunate because it shows how fraudulent the AT&T data cap is, and calls into question the whole rationale of the data caps,' Harold Feld, legal director of Public Knowledge, said in a statement. 'Apparently it has nothing to do with network management. It's a tool to get more revenue from developers and customers.'"

27 of 138 comments (clear)

  1. AT&T Investigated by Anonymous Coward · · Score: 5, Insightful

    I don't need to read more than "AT&T Investigated" in order to agree.

    That is all.

    Hang'em high.

    1. Re:AT&T Investigated by interval1066 · · Score: 2, Insightful

      No, no, no!

      Yeah, he kinda is. Direct quote from him during the election: "Mine will be the most transparent administration in history." We now have back room deals with record labels and the Department of Homeland Security search and seizure of laptops at border crossings and the wonderful National Defense Authorization Act of 2012 which is a direct violation of the fourth amendment. Yeah, he's a real charmer.

      That's something the retarded American public (especially Fox News viewers and Talk Radio listeners) don't get.

      No, of course not. Anyone opposing this guy is obviously evil. Freedom of speech is a gift, until you get into power. Then its a real problem.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:AT&T Investigated by Vancorps · · Score: 4, Insightful

      Except that the only one's using the words evil are those opposing Obama, you should check your inflammatory rhetoric as it will accomplish nothing. You can state that you are unhappy that he hasn't lived up to certain campaign promises but to call him evil in the face of all the horrors that were acceptable under his predecessor is quite disingenuous given that most of these policies started with him. Of course many of the policies we all disagree with go back much further to Reagan.

      I hate this hyper-polarized political climate we have these days, people spend way too much time calling people names and not enough time actually debating the issues.

    3. Re:AT&T Investigated by SirGeek · · Score: 3, Insightful

      No, no, no!

      Yeah, he kinda is. Direct quote from him during the election: "Mine will be the most transparent administration in history." We now have back room deals with record labels and the Department of Homeland Security search and seizure of laptops at border crossings and the wonderful National Defense Authorization Act of 2012 which is a direct violation of the fourth amendment. Yeah, he's a real charmer.

      And when did he start writing the laws ? Oh you mean the senate and the house wrote and passed the law (and probably had enough votes to override his veto) ? Oh. Never mind then.

    4. Re:AT&T Investigated by EdIII · · Score: 4, Insightful

      They are beyond redemption, but not alone. It's good somebody is bringing that up.

      *EVERY* carrier is fucking over the consumer with over sold bandwidth, unrealistic caps, and deceptive marketing practices.

      It's more problematic with wireless carriers since they have real problems trying to over sell it because everyone is breaking down the door at the same time for the non-existent bandwidth.

      Same thing has happened to Clear in more than a couple of markets. They overloaded their networks so badly their 4G operates no better than 3G.

      I hope they destroy AT&T over this, and stick their head on a spike. Maybe put some fear into Verizon, T-Mobile, and Sprint from pulling the exact same crap.

    5. Re:AT&T Investigated by interval1066 · · Score: 3, Informative

      http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012: "The National Defense Authorization Act (NDAA) for Fiscal Year 2012 was signed into United States law on December 31, 2011 by President Barack Obama... In a signing statement, President Obama described the Act as addressing national security programs, Department of Defense health care costs, counter-terrorism within the U.S. and abroad, and military modernization.[" He endorsed this little gem.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    6. Re:AT&T Investigated by anubi · · Score: 2

      This has been an interesting topic... how should a carrier charge?

      Internet access has been a pain-in-the-arse for me, too - where "advances" in technology gives webmasters opportunities to use more and more bloatware, which I must download in order to view often simple content.

      Javascript is by far the most egregious, with flash running a close second. A couple of those on the page can cause me to download megabytes of unwanted crap while I am looking for a simple link to what I am looking for.

      This really stymies my efforts to conserve bandwidth, as webmasters will use these wasteful technologies to deliver the wanted content. Like using javascript directors instead of a simple HTML link to force me into enabling javascript in order to use his site.

      Let me relate something similar:

      I was at a city council meeting discussing water rates in the city. I was opposed to the across-the-board increasing of all the connection fees and "meter charges", as I felt simply charging everyone more for access to water defeated the whole idea of metering water so that those who used the most water paid the most.

      I try to conserve, I wash my car with a wet rag. Take short showers, even have one of those damned toilets that require five to six flushes to get the job done, etc, as my State government has been telling us we are running short of freshwater and the farmers need it. If that be the case, I would rather see the water on the crop, not in the gutter in front of my house.

      Yet my neighbor wastes water, and I often see his water running down the gutter in front of my house. Automatic sprinklers, poorly aimed, and poorly timed.

      I feel I am trying to live with the situation, and would rather see the cost borne by those using more of what appears to be a limited resource..

      Which is exactly opposite to how I feel about being limited on internet access.

      A lot has to do with my impression that internet bandwidth is not in short supply, as nothing I see limits it.

      I can build bigger irrigation pipe, but if there is no water to put in it, what's the point?

      There seems to be a infinite amount of binary info people want to exchange, so where is the pipe?

      That's why I feel when I pay for internet access, I pay for pipe, not water ( content ).

      I find myself becoming increasingly annoyed at the "service companies" as I would at a restaurant seeing my meal cooling on the counter while understaffed waitresses cannot get around to serving my dish.

      Yet I see the restaurant does have the money to send executives to golf resorts.

      While using "barriers to entry" to keep competitors from opening up a "roach coach" in front of their establishment and taking all their customers.

      I was hoping Clear Communications would open up a big 4G wireless net and give AT&T, Warner, and Verizon a run.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    7. Re:AT&T Investigated by DigiShaman · · Score: 2

      Part of the problem is lack of internal carrying capacity from the cell towers. Each tower has a limited amount of bandwidth available. From what I understand, the data links to the towers are the choke point. Perhaps there's room for improvement in this area. I wouldn't know. Secondly, you can only allocate so many channels within the cellphone spectrum. And then there are giant buildings in a downtown district that are known to create shadows or blind-spots of limited to no service.

      Basically, the wireless carriers overhyped the product way way waaay beyond reasonable carrying capacity. I understand that with any business you need a stream of income to spend on capital expenditures (future products and upgrades) so as to plan ahead. But honestly, I think the entire industry bit off more than they can chew. The laws of physics are not forgiving.

      --
      Life is not for the lazy.
  2. So now AT&T is saying it's NOT a capacity prob by DickBreath · · Score: 5, Insightful

    So all the bandwidth everyone needs is actually there? The data caps were just a ruse to get more money for it.

    Since people balked, even sued, AT&T now proposes that maybe developers could pay the difference.

    That is telling. It means the bandwidth necessary for, say, Netflix never was a technical problem. It's just that AT&T looked at the fact that they are just a dumb pipe and AT&T wanted more money for valuable content traversing its network. It's the Net Neutrality problem all over again.

    --

    I'll see your senator, and I'll raise you two judges.
  3. It's never been about network performance by trunicated · · Score: 2

    If it had been, people would have noticed significant slowdown. I'm afraid that people confuse "spotty service in dense areas" and "too much bandwidth being used". They don't realize that in a lot of cases, they wouldn't be able to use their phone to talk when they're running into data problems. AT&T has been capitalizing on this, and making quite the pretty penny.

    I don't know why anyone wouldn't expect this out of them. It's basically free money, and it panders to an uneducated user base through letting them think that they'll save money, and that they'll still be able to blame others when there's a problem.

    --
    There's a reason there is no "Disagree" mod...
  4. Tethering by ZildjianKX · · Score: 2

    I love how now that they have data caps, they STILL charge for tethering, even though they have no justification for doing so. I also love how if you put a smartphone on their network, they will add a data plan and charge you for it, even if you have data BLOCKED on your account.

    1. Re:Tethering by dnahelicase · · Score: 4, Insightful

      I love how now that they have data caps, they STILL charge for tethering, even though they have no justification for doing so. I also love how if you put a smartphone on their network, they will add a data plan and charge you for it, even if you have data BLOCKED on your account.

      I think that always proved the point this article is making. Once they came out with data caps, they should have made tethering free. It's not a case where you use more data because you tether something, just that you use it differently.

      I've had numerous people ask me about getting a smartphone without a data plan, because they would be fine with only making calls/txts while out and about, but spend most of their time in the office/home/other wifi zones.

      It's ridiculous that you can buy an iPad in wifi or wifi+3g, and data is optional, but you can't buy a "normal" phone with an ipod touch built in. There are plenty of people that would be fine only using wifi for everything besides calls and texts.

  5. Re:Well, yeah... by DickBreath · · Score: 4, Insightful

    Your free market remark is a red herring.

    We are talking about government granted monopolies to public spectrum. There is a limited amount of spectrum. It's not infinite. Government manages it in the public interest. AT&T is granted a license to use some spectrum in the public interest. They cannot just do anything they want with it and charge anything they can manage to swindle customers out of.

    If AT&T were charging for access to read their opinions, then that would be a free market. I could just say no and go away. I could go elsewhere and read someone else's opinions for less, or for free. The difference is that there is an extremely limited number of wireless operators that effectively collude on price. Therefore it is important to regulate AT&T and prevent them from charging arbitrarily high prices that are completely unrelated to the cost + reasonable profit of delivering those services.

    My response to complaints about the regulation of public utilities is this: If AT&T doesn't like it, then they could just get out of the business and let someone else take over their license to that valuable public spectrum.

    --

    I'll see your senator, and I'll raise you two judges.
  6. Monopoly behaviour by ackthpt · · Score: 3, Funny

    Break 'em up!

    Oh, have we been here before?

    --

    A feeling of having made the same mistake before: Deja Foobar
  7. It takes a while for the obvious to sink in by tkrotchko · · Score: 5, Insightful

    " 'Apparently it has nothing to do with network management. It's a tool to get more revenue from developers and customers.'"

    To use a phrase, "Well, DUH!".

    If you had looked in AT&T Wireless's annual reports for the past two years, they never indicated they were reaching any sort of limits on their network.

    So either they were lying to their shareholders or to a gullible press and public.

    Which is more likely?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  8. Re:makes sense by tkrotchko · · Score: 4, Informative

    "So for any given app you can either bill the dev a little bit, per installation or per use, or you can eat into the user's data plan."

    The point is that AT&T said that the bandwidth was the scarce resource in their network and that caps were necessary to conserve that resource.

    But as soon as a new revenue source was available, then the network was magically unconstrained. This is not "good idea", unless you're an AT&T shareholder, and then its magically a fantastic idea.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  9. Re:makes sense by s73v3r · · Score: 2

    Someone has to pay for this bandwidth.

    The end user was already paying for it with the unlimited data plans. AT&T decided to be a greedy little bitch and end that. Now they want both the end user and the app developer to pay them money.

  10. Re:Well, yeah... by Jah-Wren+Ryel · · Score: 2

    AT&T aren't granted a license, they are sold a license for hundreds of millions to billions of dollars at a time, which substantially changes the argument and can hardly be claimed to be "in the public interest" in the first place.

    The two are not mutually exclusive. For example, one could argue that AT&T gets a substantial cash discount in exchange for being required to steward the spectrum in the public interest. That such stewardship is worth a cash discount of many billions of dollars. After all, where else is AT&T going to get spectrum from? They are buying it from a monopoly source so the price is whatever we say it is. And still they buy it from us, damn that free market.

    --
    When information is power, privacy is freedom.
  11. Re:So now AT&T is saying it's NOT a capacity p by nine-times · · Score: 3, Insightful

    Ultimately it's just a method for AT&T to hide the fact that they're charging their customers by having someone else charge them instead. Because you know how this will work, right? AT&T will charge Netflix, and that will cause Netflix to increase their prices. You'll pay the price either way.

  12. Re:So now AT&T is saying it's NOT a capacity p by HuckleCom · · Score: 3, Insightful

    The beauty of this is like so:


    1. User pays same amount for 'capped' bandwidth regardless
    2. "Developer" pays for their bandwidth - even though it doesn't really line the pockets of the user with any savings
    3. "Developer" passes buck to users with higher prices/more ads.


    Wham-bam, thank you ma'am.

  13. network neutrality killer ? by Anonymous Coward · · Score: 2, Interesting

    This is another kick in the balls of network neutrality. These people won't stop until they get anyone that touches a bit in transit to pay for the privilege. The end-user already pays. They wanted the source of the data to pay (despite that they pay for their connectivity). Now they want the provider of the app that receives data to pay. I wonder what other such innovations are waiting for us in the future.

  14. Re:Well, yeah... by sjames · · Score: 2

    No. The license they pay fore comes with a public interest cause attached. They knew that when they bid on it.

  15. Re:what is wrong with this? by Anonymous Coward · · Score: 2, Insightful

    So when are they returning all the public funds they used to build this infrastructure?(with appropriate interest)

  16. Re:what is wrong with this? by Microlith · · Score: 2

    Are people dumping their smart phones?

    No, and they won't because they don't understand how they're being screwed. The vast majority believe their handset is actually free because they paid nothing for it while signing up for an expensive 2 year contract.

    Is another vendor reaching into the market with 'fair' prices?

    Nope. New carriers can't crop up due to spectrum constraints and all existing carriers match pricing and features extremely closely.

    I would add that the US' cell phone providers are some of the least expensive in the world.

    Bull. They're among the highest, coupled with ridiculous data rates and stupidly inflexible plans.

  17. Re:Well, yeah... by Anonymous Coward · · Score: 2, Informative

    Collusion a free market does not make.

  18. Re:So now AT&T is saying it's NOT a capacity p by AcidPenguin9873 · · Score: 4, Interesting

    While I tend to believe that this is AT&T being corporate money-grabbing assholes, I have to disagree on the inference you made, that "we will allow the apps on our network if devs pay for bandwidth" implies "there is no capacity problem".

    Charging for something is a way for regulating demand for a scarce supply of something. It's literally Econ 101, supply and demand. AT&T has to charge someone for the capacity used, such that the rates charged for it will regulate it. If there's a capacity problem, the rates go up. When the rates go up, demand goes down, and the capacity eventually reaches equilibrium based on price. It's how any producer sets the price of something in limited supply and high demand.

    If demand is high enough for a sustained amount of time, then it's in AT&T's best interest to expand the production capacity (i.e. increase bandwidth available on their network), thus raising the supply. The marginal price goes down, but they are selling more total bandwidth, so their total revenue goes up. If they don't expand in a timely manner, a competitor comes in with better service for the same price, and all AT&T's customers leave and join the competitor.

    In any case, you need to attach a price to the thing in limited supply so that it self-regulates. If no one pays for it, that's when there's a capacity problem.

    If you want to argue about AT&T selling unlimited data plans that aren't really unlimited, that's one thing. You can also argue that bandwidth is not a true "physical" resource that takes cost to produce; once a certain capacity is in place, you shouldn't charge for usage. You can also argue that spectrum itself is scarce and the government grants a monopoly to these few companies, so competition is limited or nonexistent, and so they should be regulated. These are all fair arguments. But the general inference of "devs pay for bandwidth" => "no capacity problem" is fallacious.

  19. Will Someone Think of the Developers! by robwgibbons · · Score: 5, Insightful

    At first glance, this seems like a good idea for the consumer, but for smaller, independent and boot-strapped developers (from whom most of the innovative products come) this is basically a nail in the coffin. The only reason the Internet is as innovative as it is now is because any Joe Schmoe with a great idea, some time on his hands and a deep willingness to learn can get his software into hands of millions of people and literally disrupt industries.

    Allowing a company to pay for their users' data usage seems like a great idea for consumers, at least in terms of immediate monetary value. Google or Pandora can pay for my data usage and I can consume all I want.

    The real problem is that this allows large, well-funded (and probably stagnant) software companies to completely crush smaller, less well-funded companies who have innovative or disruptive ideas. Who's to say You and I don't have a great idea together and want to compete with Pandora? Oh that's right, they have millions in investment capital and we only have time and development skills.

    This is the same argument as allowing certain websites to pay extra for faster Internet speeds. Sounds like a great idea on paper, especially for consumers in the short-term, but in the long-term it will harm the entire industry in general by stifling creative innovators.

    In the end, whoever has the most money wins.