This is illegal plain and simple. And there are several reasons why.
Not following the law
In 2008, the FCC auctioned wireless spectrum in the 700 MHz block. Google, in its wisdom, wanted a block, known as C Block, to maintain network openness. Google guaranteed to bid on this block if four requirements were met; it did, in fact, bid on this. But, this spectrum was much needed by Verizon Wireless so it exceeded Google's bid and won and agreed to the ruling.
Fast forward to 2012.
Verizon Wireless was accused of blocking certain apps (tethering) from wireless app stores namely Google. It would agreed with the FCC that it did not admit guilt and allowed tethering apps in the store. However, at this point, it also changed its plans to include free tethering except for unlimited data users.
Now, we move to 2014 when Verizon Wireless changes it's connectivity policies to include those customers who still have unlimited data and who are no longer under contract. Verizon Wireless will now put in place "network optimization" or "throttling" (call a spade a spade) on those customers if they exceed 4.67 GB per month on towers that may be crowded.
This is illegal. Why? Because 47 CFR 26.17 (b) and (c)(1) says it is.
"(b) Use of devices and applications. Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice..."
Verizon Wireless is in fact denying, limiting, and restricting in every sense of the words for unlimited data users. To continue,
(c) Technical standards. For purposes of paragraph (b)(1) of this section:
(1) Standards shall include technical requirements reasonably necessary for third parties to access a licensee's network via devices or applications without causing objectionable interference to other spectrum users or jeopardizing network security. The potential for excessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network.
Verizon Wireless again in denying, limiting and restricting access to the network in every definition of the words.
Why? Verizon Wireless has approximately 122 million subscribers. Of this, approximately 22% still have unlimited. This equates to approximately 26.8 million subscribers which is a huge chunk that it wishes to move to more profitable plans that cost to use more data.
Verizon Wireless does not throttle customers who have a 10GB data plan. What's the difference if 10GB of data is used or 2.5GB, or 7GB, or 8.5GB or even 15GB data. It's all the same data. Plus, there is no need to put network optimization in place.
If anyone who has been at a sporting event, or public event where any wireless network is crowded. What happens? The network is automatically optimized regardless of what data plan a user subscribes to. This is well-known as anyone can attest to not being able to make calls or access the internet.
We are asking Google, EFF, FreePress.net, Sergey Brin and others to sue Verizon Wireless to stop this illegal activity. Also, we need your support to file a complaint to the FCC stating the facts above.
