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Fire dept. rejects Verizon's "customer support mistake" excuse for throttling
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Leroy N. Soetoro
Aug 23, 2018, 3:31:42 PM8/23/18
to
County disputes Verizon claim that throttling "has nothing to do with net
neutrality."
https://arstechnica.com/tech-policy/2018/08/fire-dept-rejects-verizons-
customer-support-mistake-excuse-for-throttling/
A fire department whose data was throttled by Verizon Wireless while it
was fighting California's largest-ever wildfire has rejected Verizon's
claim that the throttling was just a customer service error and "has
nothing to do with net neutrality." The throttling "has everything to do
with net neutrality," a Santa Clara County official said.
Verizon yesterday acknowledged that it shouldn't have continued throttling
Santa Clara County Fire Department's "unlimited" data service while the
department was battling the Mendocino Complex Fire. Verizon said the
department had chosen an unlimited data plan that gets throttled to speeds
of 200kbps or 600kbps after using 25GB a month but that Verizon failed to
follow its policy of "remov[ing] data speed restrictions when contacted in
emergency situations."
"This was a customer support mistake" and not a net neutrality issue,
Verizon said.
“Everything to do with net neutrality”
Santa Clara County disputed Verizon's characterization of the problem in a
press release last night. "Verizon's throttling has everything to do with
net neutrality—it shows that the ISPs will act in their economic
interests, even at the expense of public safety," County Counsel James
Williams said on behalf of the county and fire department. "That is
exactly what the Trump Administration's repeal of net neutrality allows
and encourages."
Santa Clara County and the Santa Clara County Central Fire Protection
District are among two dozen local or state government agencies that sued
the Federal Communications Commission in a bid to overturn the repeal of
net neutrality rules that outlawed throttling and blocking. Verizon's
throttling of the Santa Clara fire department was described in detail in
court documents filed as evidence in the case.
"In repealing net neutrality rules, the Trump Administration failed to
consider public safety threats as required by law," Williams said. "For
this reason alone, the repeal of net neutrality is illegal and must be
overturned."
Verizon doesn't think its throttling of the fire department's unlimited
plan should be part of the lawsuit that seeks to restore net neutrality.
"This situation has nothing to do with net neutrality or the current
proceeding in court," Verizon said.
The throttling affected a device on a fire department vehicle that is
"deployed to large incidents as a command and control resource" and is
used to "track, organize, and prioritize routing of resources from around
the state and country to the sites where they are most needed," Fire Chief
Anthony Bowden wrote in a court declaration. Internet access is crucial
"for events like large fires which require the rapid deployment and
organization of thousands of personnel and hundreds of fire engines,
aircraft, and bulldozers," he wrote.
Throttling could also affect how quickly the department issues warnings to
the public, Santa Clara Capt. Bill Murphy told Fox 29. "We're sending
time-sensitive critical information, 'evacuate this area now,'" Murphy
said. "If the public can't receive those notices in a timely fashion, that
certainly could impact their ability to [quickly] get out of an area that
we've determined is dangerous."
To lift the throttling, Verizon told the fire department to upgrade from a
$37.99 plan to one that costs $99.99 for the first 20GB and $8 per
gigabyte thereafter.
"While Verizon ultimately did lift the throttling, it was only after
County Fire subscribed to a new, more expensive plan," Bowden wrote.
Net neutrality rules and throttling
Whether Verizon could have been punished for the throttling under the now-
repealed net neutrality rules is debatable. The rules banned throttling
but had an exception for "reasonable network management."
All major carriers reserve the right to throttle unlimited data plans
after customers use a certain amount each month. But the throttling
generally only applies when a customer has exceeded the threshold and
tries to use data in an area where the network is congested. By contrast,
the fire department's plan was apparently throttled at all times
regardless of whether the network was congested. If there had been a
formal FCC proceeding, that might have made it difficult for Verizon to
argue that the throttling was necessary to manage its network.
The FCC never ruled on whether throttling in this type of scenario
violated net neutrality rules. But it's conceivable that an aggressive FCC
chair could have tried to stop it.
In 2014, then-FCC Chairman Tom Wheeler told Verizon that he was "deeply
troubled" by Verizon's plan to throttle 4G users with unlimited data
plans. Wheeler told Verizon that "'reasonable network management' concerns
the technical management of your network; it is not a loophole designed to
enhance your revenue streams."
Wheeler rejected the "reasonable network management" explanation in that
instance even though Verizon said it would only throttle its heaviest data
users when they connect to congested cell sites. Verizon caved to Wheeler
in October 2014, halting the plan to throttle LTE users on grandfathered
unlimited data plans. Verizon also stopped throttling 3G network users in
2015, shortly after Wheeler's net neutrality rules were implemented.
The ban on throttling wasn't the only aspect of net neutrality rules that
could have gotten Verizon into trouble. The rules allowed Internet users
to file complaints with the FCC about any unjust or unreasonable rates and
practices, which could stop anti-consumer behavior that wasn't
specifically prohibited. Current FCC Chairman Ajit Pai's decision to
deregulate the broadband industry eliminated that complaint option this
year and also limited consumers' rights to sue Internet providers over
unjust or unreasonable behavior.
Verizon had stopped selling unlimited data to new customers in 2011 but
re-introduced unlimited data plans with potential throttling in February
2017, shortly after Wheeler was replaced as FCC chairman by Pai.
Separately, the Federal Trade Commission since 2014 has been trying to get
refunds for AT&T customers who were throttled despite paying for unlimited
data.
Promoted Comments
Minirig355 Smack-Fu Master, in training
JUMP TO POST
As a firefighter I can confirm how crucial it is to have access to
cellular and data. Especially in these past 5 years or so. If Verizon has
an issue with the fire department's data usage, I may not agree with it,
but they should handle that with them after the fire. Throttling their
usage during the fire is dangerous if not outright deadly.
6 posts | registered 8/2/2018
Alyeska Ars Praefectus et Subscriptor
JUMP TO POST
Claims that the free market will correct situations such as this always
make me laugh at the absurdity of the claim. Situations such as this make
it very clear that the free market will happily let people die in the name
of profits.
There is a reason why water, health care, medicine, food, and pollution
are regulated.
There is a reason why the internet and communications need more robust
regulation and consumer protection.
4803 posts | registered 3/23/2011
flash2010 Ars Praetorian
JUMP TO POST
I thought one of the main arguments against net neutrality was supposed to
be that net neutrality would stop emergency services getting priority.
Well we know what BS that was now...
407 posts | registered 11/6/2010
--
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.
Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp.
ObamaCare is a total 100% failure and no lie that can be put forth by its
supporters can dispute that.
Obama jobs, the result of ObamaCare. 12-15 working hours a week at minimum
wage, no benefits and the primary revenue stream for ObamaCare. It can't
be funded with money people don't have, yet liberals lie about how great
it is.
Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.
neutrality."
https://arstechnica.com/tech-policy/2018/08/fire-dept-rejects-verizons-
customer-support-mistake-excuse-for-throttling/
A fire department whose data was throttled by Verizon Wireless while it
was fighting California's largest-ever wildfire has rejected Verizon's
claim that the throttling was just a customer service error and "has
nothing to do with net neutrality." The throttling "has everything to do
with net neutrality," a Santa Clara County official said.
Verizon yesterday acknowledged that it shouldn't have continued throttling
Santa Clara County Fire Department's "unlimited" data service while the
department was battling the Mendocino Complex Fire. Verizon said the
department had chosen an unlimited data plan that gets throttled to speeds
of 200kbps or 600kbps after using 25GB a month but that Verizon failed to
follow its policy of "remov[ing] data speed restrictions when contacted in
emergency situations."
"This was a customer support mistake" and not a net neutrality issue,
Verizon said.
“Everything to do with net neutrality”
Santa Clara County disputed Verizon's characterization of the problem in a
press release last night. "Verizon's throttling has everything to do with
net neutrality—it shows that the ISPs will act in their economic
interests, even at the expense of public safety," County Counsel James
Williams said on behalf of the county and fire department. "That is
exactly what the Trump Administration's repeal of net neutrality allows
and encourages."
Santa Clara County and the Santa Clara County Central Fire Protection
District are among two dozen local or state government agencies that sued
the Federal Communications Commission in a bid to overturn the repeal of
net neutrality rules that outlawed throttling and blocking. Verizon's
throttling of the Santa Clara fire department was described in detail in
court documents filed as evidence in the case.
"In repealing net neutrality rules, the Trump Administration failed to
consider public safety threats as required by law," Williams said. "For
this reason alone, the repeal of net neutrality is illegal and must be
overturned."
Verizon doesn't think its throttling of the fire department's unlimited
plan should be part of the lawsuit that seeks to restore net neutrality.
"This situation has nothing to do with net neutrality or the current
proceeding in court," Verizon said.
The throttling affected a device on a fire department vehicle that is
"deployed to large incidents as a command and control resource" and is
used to "track, organize, and prioritize routing of resources from around
the state and country to the sites where they are most needed," Fire Chief
Anthony Bowden wrote in a court declaration. Internet access is crucial
"for events like large fires which require the rapid deployment and
organization of thousands of personnel and hundreds of fire engines,
aircraft, and bulldozers," he wrote.
Throttling could also affect how quickly the department issues warnings to
the public, Santa Clara Capt. Bill Murphy told Fox 29. "We're sending
time-sensitive critical information, 'evacuate this area now,'" Murphy
said. "If the public can't receive those notices in a timely fashion, that
certainly could impact their ability to [quickly] get out of an area that
we've determined is dangerous."
To lift the throttling, Verizon told the fire department to upgrade from a
$37.99 plan to one that costs $99.99 for the first 20GB and $8 per
gigabyte thereafter.
"While Verizon ultimately did lift the throttling, it was only after
County Fire subscribed to a new, more expensive plan," Bowden wrote.
Net neutrality rules and throttling
Whether Verizon could have been punished for the throttling under the now-
repealed net neutrality rules is debatable. The rules banned throttling
but had an exception for "reasonable network management."
All major carriers reserve the right to throttle unlimited data plans
after customers use a certain amount each month. But the throttling
generally only applies when a customer has exceeded the threshold and
tries to use data in an area where the network is congested. By contrast,
the fire department's plan was apparently throttled at all times
regardless of whether the network was congested. If there had been a
formal FCC proceeding, that might have made it difficult for Verizon to
argue that the throttling was necessary to manage its network.
The FCC never ruled on whether throttling in this type of scenario
violated net neutrality rules. But it's conceivable that an aggressive FCC
chair could have tried to stop it.
In 2014, then-FCC Chairman Tom Wheeler told Verizon that he was "deeply
troubled" by Verizon's plan to throttle 4G users with unlimited data
plans. Wheeler told Verizon that "'reasonable network management' concerns
the technical management of your network; it is not a loophole designed to
enhance your revenue streams."
Wheeler rejected the "reasonable network management" explanation in that
instance even though Verizon said it would only throttle its heaviest data
users when they connect to congested cell sites. Verizon caved to Wheeler
in October 2014, halting the plan to throttle LTE users on grandfathered
unlimited data plans. Verizon also stopped throttling 3G network users in
2015, shortly after Wheeler's net neutrality rules were implemented.
The ban on throttling wasn't the only aspect of net neutrality rules that
could have gotten Verizon into trouble. The rules allowed Internet users
to file complaints with the FCC about any unjust or unreasonable rates and
practices, which could stop anti-consumer behavior that wasn't
specifically prohibited. Current FCC Chairman Ajit Pai's decision to
deregulate the broadband industry eliminated that complaint option this
year and also limited consumers' rights to sue Internet providers over
unjust or unreasonable behavior.
Verizon had stopped selling unlimited data to new customers in 2011 but
re-introduced unlimited data plans with potential throttling in February
2017, shortly after Wheeler was replaced as FCC chairman by Pai.
Separately, the Federal Trade Commission since 2014 has been trying to get
refunds for AT&T customers who were throttled despite paying for unlimited
data.
Promoted Comments
Minirig355 Smack-Fu Master, in training
JUMP TO POST
As a firefighter I can confirm how crucial it is to have access to
cellular and data. Especially in these past 5 years or so. If Verizon has
an issue with the fire department's data usage, I may not agree with it,
but they should handle that with them after the fire. Throttling their
usage during the fire is dangerous if not outright deadly.
6 posts | registered 8/2/2018
Alyeska Ars Praefectus et Subscriptor
JUMP TO POST
Claims that the free market will correct situations such as this always
make me laugh at the absurdity of the claim. Situations such as this make
it very clear that the free market will happily let people die in the name
of profits.
There is a reason why water, health care, medicine, food, and pollution
are regulated.
There is a reason why the internet and communications need more robust
regulation and consumer protection.
4803 posts | registered 3/23/2011
flash2010 Ars Praetorian
JUMP TO POST
I thought one of the main arguments against net neutrality was supposed to
be that net neutrality would stop emergency services getting priority.
Well we know what BS that was now...
407 posts | registered 11/6/2010
--
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.
Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp.
ObamaCare is a total 100% failure and no lie that can be put forth by its
supporters can dispute that.
Obama jobs, the result of ObamaCare. 12-15 working hours a week at minimum
wage, no benefits and the primary revenue stream for ObamaCare. It can't
be funded with money people don't have, yet liberals lie about how great
it is.
Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.
nob...@nada.com
Aug 23, 2018, 11:40:13 PM8/23/18
to
the past 10 years, the premier scumbag of the cell provider world.
They tried to screw me over a bill, refused to even ` to pleas to show
me their logic for the charges. Dumped them, and so should anyone
interested in fair treatment. These fire departments should be going
elsewhere for service.
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