[Atrix 4G General] rickriego:
long read.. posted in its entirety to clearly illustrate AT&T's intentions..utterly infuriating... here it is..

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Kaethryn Walker: Hello, I understand that you just got a text saying high data usage warning. Is that correct?

rick riego: yes

Kaethryn Walker: I am sorry for the problems you are having with your service. I'll be happy to look into this issue for you. Please allow me 2-3 minutes to verify your account. In the meantime; I would like to share some information about the self service features available to you through this online account. Did you know, you can add/remove features; suspend/restore your service; and access in-depth device tutorials at your leisure?

Kaethryn Walker: I am going to look into your issue. Please be patient. I will be back in 3 to 4 minutes.

rick riego: i guarantee i am nowhere near the top 5% data users at barely over 2 gig. the data rates are slow enough and now im being threatened to be throttled when my usage is EXTREMELY low?

rick riego: ok

Kaethryn Walker: Mr Riego, I just checked your account and your usage. You have only used 1.66 GB of data. I can't explain why you got that message & I apologize. The only customers that are supposed to get any sort of Correspondence about Extreme Data Usage are the ones still on the Expired Unlimited Data Plans because these all have a Soft Cap of 5 GB. Even so, the customer will only be notified if they exceed that 5 GB Soft Cap excessively and on a regular basis. In addition, we do not slow down data speed for High Usage customers.

Kaethryn Walker: I am very sorry for the inconvenience and confusion and suggest that you disregard that text but certainly contact us if you continue to receive anymore notices like that.

rick riego: ty for checking. i am worried as i do not trust that the co wont start thgrottling my data rate which btw is not anywhere close to 4g even though i purchased outright a "4g" phone. so yes.. having rcvd this msg in error..i will not be surprised if my data rates drop all the sudden to next to nothing .

rick riego: ok.. i will continue to monitor my usage and data rates as always.. i just hope this is just a fluke. ty for ur time.

Kaethryn Walker: I know people are under the impression that AT&T does throttle back the Data Speed for High Data Users but that is not true. AT&T has no policy in place that reduces Data Speed depending on the amount of data used.

rick riego: there was an official release saying att will begin that practice as of oct 1st..

rick riego: it was an email btw not text..but it explicitly states that att will engage in tht practice..

Kaethryn Walker: We have not been notified of an official policy change concerning AT&T and nothing of that sort of Policy change has been suggested by AT&T at this time.

Kaethryn Walker: There have been several commercials by competitors suggesting this but they are in fact incorrect.

Kaethryn Walker: I would appreciate if you could forward that email to -------------].

rick riego: i juust archived the email and im not sure how to retrieve it or i would copy paste it.. no mistaking. that is what it said. anyway..wait..i found it

rick riego: Like other wireless companies, AT&T is taking steps to manage exploding demand for mobile data. We're responding on many levels, including investing billions in our wireless network this year and working to acquire more network capacity. As mentioned on a previous bill, we're also taking additional, more immediate steps to help address network congestion and improve reliability. One of these steps involves a change for some customers who use extraordinarily large amounts of data in a single billing period - about 12 times more data than the average smartphone user. For the current billing cycle, your data usage indicates you could be affected by this change. Here's how it works: Smartphone customers with unlimited data plans may experience reduced speeds once their usage in a billing cycle reaches the level that puts them among the top 5 percent of heaviest data users. These customers can still use unlimited data and their speeds will be restored with the start of the next billing cycle. We're writing because you are in the top 5 percent of heaviest data users for this billing cycle. Because we recognize that data usage can change from month to month, you will not see reduced speeds this billing cycle. Beginning with your next billing cycle, we'll send you a text message if you are approaching the top 5 percent of heaviest data users. We'll also send you a second text message if you cross into the top 5 percent of heaviest users, at which point you may see reduced speeds for the rest of the month. Customers have several ways to manage extremely high data usage. Wi-Fi offers great speeds and doesn't add to your wireless data usage. Consider using Wi-Fi when possible for applications that use the highest amounts of data, such as streaming video apps, remote web camera apps, large data-file transfers (like video) and some online gaming. You may also consider switching to a tiered data plan if speed is more important to you than having an unlimited data plan. Customers on tiered plans can pay for more data if they need it, and will not see reduced speeds. To estimate how much data different activities use, and find out more about Wi-Fi or tiered data plans, visit [url]https://www.att.com/dataplans[/url] or call Customer Care at 800-331-0500.

Kaethryn Walker: Could you forward that to me so I can see where it came from, please?

rick riego: to an email?

Kaethryn Walker: [email]--------------]

rick riego: ok..

rick riego: sent

Kaethryn Walker: Thank you.

rick riego: ty for ur concern

Kaethryn Walker: You're welcome. I am going to look into your issue. Please be patient. I will be back in 3 to 4 minutes.

rick riego: ty...i will b here

Kaethryn Walker: I did check with a Supervisor about this issue and you are correct. This is because you are one of the customers that are on one the the Expired Unlimited Data Plan (with the Soft Cap). Apparently, they are basing this on the average data use across the country by the top 5% of AT&T Smartphone customers was 2GB per month, as of August 2011.

Kaethryn Walker: To rank among the top 5%, you must use an extraordinary amount of data in a single billing period. It’s not how much time you spend using your device, it’s what you do with it. You can send or receive thousands of e-mails, surf thousands of Web pages and watch hours of streaming video every month and not be in the top 5% of Smartphone Data Users.

rick riego: i understand that... but my usage is rt at 2 gig....thats next to nothing

rick riego: if thats the top 5% then people are averaging like 30 Mb a month... not happening.

Kaethryn Walker: But 2 GB is the average data use across the country by the top 5% of AT&T Smartphone customers, as of August 2011.

rick riego: well..i hope this email was a fluke as mu usage is nowhere near excessive..

rick riego: WAIT..SO AT OR AROUND 2 GB OF USAGE A MONTH I AM IN THE TOP 5% AND THEREFORE WILL BE THROTTLED?...? IS THAT WHAT I AM BEING TOLD?

Kaethryn Walker: These are your options to avoid reduced data speeds:

Kaethryn Walker: You can avoid reduced speeds by setting your smartphone to use Wi-Fi, which does not count against your wireless data usage. AT&T smartphone customers have unlimited access to our entire Wi-Fi network, with more than 27,000 hotspots, at no additional cost. They can also use Wi-Fi at home and in the office. You can visit [url]www.attwifi.com[/url] for Wi-Fi details and locations.

Kaethryn Walker: You can also reduce the amount of data you use when you are not using Wi-Fi. To get an estimate of how much data is used by different activities, check out our data calculator tool at [url]www.att.com/dataplans[/url] .

Kaethryn Walker: We recommend you try to keep your monthly data consumption to 2GB or less to avoid speed slowing.

Kaethryn Walker: Also, if speed is of top importance, you may wish to switch to a tiered usage data plan.

rick riego: speed is not a top priority.. but how much can you throttle somebody when they they are only getting avg 2 Mb download speed on a "4g" phone???

Kaethryn Walker: You’ll see the biggest impact when you try to stream video or upload large files. Speeds will be reduced considerably with those types of data transactions, though you should still be able to check e-mail and browse the Web.

Kaethryn Walker: Unfortunately I can’t provide a specific speed reduction gauge because it will vary based on a number of factors, like the time of day and the number of local customers. But it might be similar to the difference between dial up speeds vs. broadband speeds.

rick riego: throttling is breach of contract.. by engaging in throttling the contract is compromised and therefor

releases the customer from the risk of being charged a cancellation fee... there is plenty of documentation available and i have read it. i will be changing carriers.. both lines... by the end of next week. this is ridiculous.

Kaethryn Walker: I'm very sorry and understand your concern. Yes. Our current Wireless Customer Agreement speaks to data consumption and our terms regarding the various types of data transmission activities.

Kaethryn Walker: If requested: Information can be found at [url]www.att.com/wirelessterms[/url] , section 6.2 What Are the Intended Purposes Of the Wireless Data Service?

Kaethryn Walker: Accordingly, AT&T reserves the right to:

Kaethryn Walker: Deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage.

Kaethryn Walker: Otherwise, protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows.

Kaethryn Walker: Most wireless companies have deployed network management tools like this to manage the exploding demand for mobile broadband. The nation is facing a serious wireless spectrum crunch. Each company is managing it slightly different, so I can’t speak to the specifics on what others are doing.

rick riego: quoted.."in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network"..

Kaethryn Walker: Yes.

rick riego: i am nowhere near excessive use. if that is excessive and i am gouing to be throttled to a slower speed than the dismal rate at which is being delivered..ther my business goes elsewhere.

Kaethryn Walker: I understand but just want you to be aware that it is not just AT&T that has brought on this policy. Most wireless companies have deployed network management tools like this to manage the exploding demand for mobile broadband. The nation is facing a serious wireless spectrum crunch. Each company is managing it slightly different.

rick riego: i understand tht..but to be paying for an unlimited plan and then to be told that at 2Gb usage the carrier considers that excessive and will implement throtling tactics..that is ABSURD. literallt. look at it as a customer. bad business. i understand it is nopt your policy..but nonetheless it is...ridiculous.

rick riego: "your policy

rick riego: by that i mean personally.

Kaethryn Walker: I wish I could say I disagree with you but as a consumer I am also being affected by the same issues. Not just with mobile wireless service but also High Speed Internet and now that Television is promoting usage over the internet it's getting worse and we are the ones that will have our speeds slowed or restricted in order for everything to fit in the bandwith available. Unfortunately, it's not infinite like many people think it is. I can certainly empathize with you

rick riego: well..ty for ur time. i am definietely moving on though.