Last week FCC chairman Tom Wheeler sent a letter to Verizon CEO Daniel Mead asking him to explain why he thought his company could throttle unlimited customers in the name of network management. This week Verizon responded by saying that its policy of throttling unlimited data users on congested cell sites is perfectly legal and is a way to give heavy data users an "incentive" to stop using so much data.
Verizon Senior VP Kathleen Grillo sent the company’s response on Friday, and provided a copy to Ars Technica.
In that response Verizon said that the policy "is narrowly tailored to apply (1) only at particular cell sites experiencing unusually high demand; (2) only for the duration of that high demand; and (3) only to a very small percentage of customers who are heavy data users and are on plans that do not limit the amount of data they may use during the month without incurring added data charges (and otherwise have no incentive to limit usage during times of unusually high demand)—and then only when the particular cell site serving those customers is subject to unusually high demand."
The company further said that this policy is perfectly legal and reasonable because it prevents heavy users from using so much data that it causes other users to experience bad service.
Verizon is not alone in throttling its customers; AT&T, Sprint, and T-Mobile all have somewhat similar throttling policies.
You can check out Verizon's response here (PDF).
Source: Ars Technica