EFF says T-Mobile One seems to violate net neutrality

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One day after the announcement of T-Mobile One, the new plan is giving some people concerns that it could violate net neutrality.

EFF senior staff technologist Jeremy Gillula told the Daily Dot that, based on what his group has read about T-Mobile One so far, “it seems like T-Mobile’s new plan to charge its customers extra to not throttle video runs directly afoul of the principle of net neutrality.” He added that T-Mobile One’s video throttling could also violate the FCC’s Open Internet Order that says that “ISPs can’t throttle traffic based on its type, or charge customers more in order to avoid discriminatory throttling.”

Gillula did say that the EFF is still gathering info about T-Mobile One. When asked about T-Mobile One and its effect on net neutrality, an FCC spokesperson said that the agency is conducting an “informal policy review” and that “Chairman Wheeler said the Commission would keep an eye on new developments in this area and we are continuing to do so.” T-Mobile has not issued a comment on the matter.

This isn’t the first time that T-Mobile has been accused of violating net neutrality. In the months following last year’s launch of Binge On, there were several accusations of net neutrality violations. The EFF chimed in on Binge On, too, publishing a report that said that Binge On was just throttling.

The FCC took a look at Binge On, too, with Chairman Tom Wheeler calling Binge On “highly innovative and highly competitive.” The FCC later met with T-Mobile regarding Binge On and had a meeting that was described as “productive.”

T-Mobile eventually made it easier and more clear for customers to toggle Binge On, and since then, the criticisms of the service appear to have died down. Now accusations of T-Mobile violating net neutrality have sprung up again, though, with T-Mobile One. The new plan automatically reduces all video streams to a max resolution of 480p and asks that customers pay $25 per month per line if they want high-definition video.

During a Facebook Live stream held to discuss T-Mobile One yesterday, T-Mobile CEO John Legere responded to a claim that the new plan violates net neutrality. Here’s what he had to say:

“Listen, we have made it painfully clear from the beginning, we are pro net neutrality. This is all about customer choice. So if a customer buys this program, we will, based upon the offer itself, deliver them video at standard definition. If they want Ultra HD and they upgrade and pay the $25, we will give them that, too. That’s choice.

“We actually believe that there were questions associated with how we got here, and this is a very strong statement of responding to what we think are the things that are very important from a net neutrality standpoint. I’m glad to have that discussion, but it is clearly not an anti-net neutrality position.”

T-Mobile COO Mike Sievert went on to say that T-Mobile One is about “handing a massive savings” to customers. Sievert said that one percent of T-Mobile customers have turned off Binge On, and so if those customers want high-def video, then can pay $70 for T-Mobile One and $25 for high-def video and they’ll be at the same $95 price of the current Simple Choice unlimited plan.

Source: Daily Dot

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  • Zach Mauch

    At least in the case of Binge On, it benefited the consumer. This plan however, is a CLEAR violation and only hurts the consumer. It appears this was likely the end game all along. Binge On was likely a pit stop meant to allow them to use it to lighten network congestion. Now with the move to one plan, they can’t allow users to turn it off without penalty or it would defeat the purpose as the customer has no benefit to leaving it on.

    • Rob

      Except there is the little fact that customers can choose to have Simple Choice 2 or 6 instead of this plan which means they do indeed have a choice.

      I’m sorry but if you need HD quality video, use your home internet connection instead of hogging the bandwidth for the rest of us. Wireless bandwidth is a finite resource and people never seem to get that. If it comes down to this being considered a violation of net neutrality then be prepared for all carriers to start throttling all data period. It’s the only way they can ensure that everyone gets what they pay for.

      • Cam Fas

        Might be a finite resource but you get what you pay for. I have the old 70 unlimited plan. I leave binge on to help and I like staying away from the 26 gig soft cap. I usually only use 2-5 gigs a month in the past I used much more data. But if these plans do indeed go live and people are paying 25 bucks extra per month for hd data then I am going to turn my binge off and stream everything in HD. It makes no sense for me to continue using binge if I can use HD video for 25 bucks less then everyone else and since I pay for it and they offered me unlimited then I am entitled to what I pay for. Once the new higher priced HD data goes into effect then I’m turning binge off and going back to my old 20-30 gigs per month of video. My cost benefit analysis says use it if I’m paying for it. If they never introduced these new plans I would of happily kept binge on. I feel many grandfathered unlimited users will feel the same way. And if the next iPhone has a 1440p screen then I will have even more reason to use it. Unless I decide to go with the note 7 then I still will turn binge off.

        • Rob

          While you’re more than welcome to do that, you’ll be contributing to giving T-Mobile incentive to eliminate grandfathered plans or further restrict them and you’ll be contributing to the network congestion that started these problems in the first place. I have the 6GB plan just for the data stash but I never even use a gig a month because I have a Comcast 150/20 connection I pay for that includes free WiFi all over the place that’s generally faster than T-Mobile anyway and since I have a VPN, I dont have to worry about security either. With the proliferation of wifi hotspots, it’s completely unacceptable to me that people use their wireless plan to such excess. When it’s peak time here I’m lucky to get 2Mbps thanks to bandwidth hogs so when I really need to get something done, like use Scout to get around town or call a Lyft, I have to deal with slow speeds and drops thanks to everyone watching the latest viral video that hit the internet. The needs of the many outweigh the abuse of a few and I fully support deprioritizing bandwidth hogs and wish they would do it whenever a tower got congested.

        • Cam Fas

          Thats tmobiles problem for offering unlimited. The only thing im contributing to is using what I pay for and unlimited is what they sold me so I will just go back to it since its what my money is going to. When I am home I am always on wifi and I get just under 400mbs on Cox here in las vegas so I rarely rely on tmobiles cell unless I am at work and not in the vicinity of wifi witch is rare. But if they want to charge 25 for what I am already paying for my cost benefit analysis says disable binge.

        • Rob

          Your logic is totally flawed but do what you want to. I’m sure you will be one of the first to bitch when they throttle all grandfathered plans.

        • Cam Fas

          My logic can be as flawed as you would like it to be as I toggle binge off and stream my unlimited High Definition data. Im not a major problem going from 2-5 gigs up to 20-25 its still under the soft cap and a tmobile employee at my local store said he used over 150 gigs on average and he is still employed. But maybe for the heak of it I might start streaming 50 gigs per month just because I can.

        • Cam Fas

          Also remember they were the ones that bragged in press confrence after press confrence over the last few years and as late as just this week that they were the only ones with the network that can handle the data. They are merely selling the product and I’m using it as such for what I pay.

      • TylerCameron

        Data is an unlimited resource. But just a lot of people being connected to a particular tower cripples speeds, a few people watching videos on their phones affects nothing.
        What needs to happen in the mobile industry is speed tiers.

        • Rob

          Data is not unlimited. The maximum amount of bandwidth is determined by the spectrum in a given area. My market has 15MHz of Band IV (10MHz and 5MHz, not contiguous) and 5MHz of Band 12. Once that’s saturated, it doesn’t matter how fast the trunk feeding it is, there’s no spectrum left to use it.

        • Cam Fas

          Glad I live in a 20×20 market thats in the process of getting 25×25. Data will be unlimited after I turn off binge that I have allowed to be active ever since it was introduced last year. Maybe not for everyone but since I pay for it I will use it. Lets not forget I would of happily left binge on if they didnt decide to charge people an extra 25 bucks on the new plan. But now since they decided to do that the cause has now affected me in way that I now will turn binge off.

        • Phone Guy

          So while you are pissed at T-Mobile, you will negatively affect everyone else around you even when you don’t need to waste the extra data 2 watch a 2K movie on a phone screen. So so so so sad.

        • Cam Fas

          I honestly think something is wrong with you people. I pay for unlimited data Tmobile brags its network can support it. So I use what they advertise and support while I pay for what they support. Not negatively doing anything other then using service whats so hard for people to understand.

        • Cam Fas

          Also I have yet to turn binge off but I will at some point. Also I have yet to have a 2k screen but if I did then some manufacture saw the benefit in creating it. I see absolutely nothing wrong with that either.

        • Cam Fas

          Also I think the new customers will be mad at the new pricing but I am not pissed since I am still on a 70 unlimited plan with a 15 percent discount plus my 5 gigs of mobile lte hotspot. I am not mad over here. My cost benefit analysis says turn binge off since you can enjoy what its costing others 25 extra bucks I think my logic is sound I enjoy what they sell me and what they encourage me to use. Because like the ceo said ATT verizon and sprints network cant handle it but theirs can so now it makes financial sense for me to use it.

        • Phone Guy

          Exactly. Slowly we may add more frequencies, but those will get full. Exactly.

      • Acdc1a

        No one “needs” HD video, even on the best of mobile screens. 480p looks just fine and I promise you in a blind test all of the “techie” folks claiming they need 4K wouldn’t know the difference.

  • SpaceGho5t

    Glad I still have my original $70 unlimited plan with 5 GB of hotspot. This really ain’t that bad of a deal though. For mobile data this plan is actually pretty brilliant. Less strain on the network makes for a better experience for everyone else. I believe they should keep the current capped plans also though to give customers a choice.

    • Bradley Karas

      I agree…keep options open for those looking to save some money that don’t need unlimited data

      • Ty Christensen

        I honestly don’t see why people need unlimited data with all the music and video services that are free I never break 2GB and I’m off of Wifi a lot, before music freedom I was going over 3GB but still I don’t think most people need unlimited data, I hope they keep the non-unlimited plans at a cheaper rate.

        • Phone Guy

          I use 2.8 GB on just Whatsapp, a single app, every month. How do you use so little. Everyone is different. Everyone on my plan (9 lines) uses between 4 and 8 per month, most closer to 8. And none of us watch movies, just use the phone.

        • Acdc1a

          I’ve replaced my home ISP so 2GB is REALLY easy to hit just in web browsing and work. I use 6-8GB per month. Even so, it was very nice to tell ComShaft to hit the road!

  • DarkStarPDX

    Sounds like to me that they intend on keeping the Simple Choice options.

  • kev2684

    There it is! I hope this gets shut down real quick. Binge-On was good because we don’t have to pay a dime to get the feature and it’s an OPTION for customers on tiered plans to extend their data in exchange of lower quality video streaming. T-Mobile One restricts the video streaming data for everybody who signs up in September and they have to pay a ridiculous amount of money monthly to stream it at top speeds as it was before.

    What will stop from Comcast doing the same thing if T-Mobile is allowed to do so? They could unbundle HD video streaming from their current plans for $10 less than the original plan and have an add-on HD video streaming for another $25. They could argue that “It’s great for the customer” giving the illusion that this $10 cheaper plan will help people who doesn’t want HD video streaming like T-Mobile does, but it’s a slippery slope from here on out and jack the prices of that HD video streaming fee a few years later. Big picture people.

  • StevenM

    They said this last time…

  • Jason Caprio

    Since Binge-On and this new plan have been introduced, it’s nothing but a smoke screen for T-Mobile to use to hide the fact that their Network is OVERLOADED and they are taking drastic measures with the guise of an “Uncarrier” movement to try to reduce strain on the network, while at the same time, increasing prices on things that used to be included. This plan has “Carrier” written all over it.

    I signed up for T-Mobile around Feb. 2014. Back then it was $70 for UNLIMITED (Including video) High Speed Data and I think around 3GB Tethering, which today is 5GB, which is perfectly fine since I hardly ever Tether. This new plan is nothing but the same plan I started with, but with some serious crutches. Having to pay an extra $25 to make it truly unlimited, then another $15 on top of that to get ANY form of tethering is nothing less than a shakedown.

    The bottom line is, T-Mobile’s network is SEVERELY congested, and the company is starting to become more greedy. As I’ve posted in other articles, more often than I’m comfortable with, my LTE data crawls at a snail’s pace in many crowded areas.

    • TylerCameron

      T-Mobile “severely congested”?
      Tell that to my minimum, 10mbps, often 20-40+Mbps speed tests. You’re funny.

      I think this is a violation of net neutrality, but T-Mobile isn’t overloaded.

      • Jason Caprio

        Then you haven’t been to some of the places I have. I’m a field tech so travel a lot. Many places in Trenton, NJ and Philadelphia, PA have abysmal speeds on T-Mobile, testing in less than 1MBit/sec. Most areas that aren’t heavily populated, I can do amazing speeds approaching 100MBit/sec.

        The occurrences of slow unusable data in various locations have been becoming more frequent over the last year or so. Luckily, it is fast more than it is slow, but certain towers are dog slow, while others are very fast.

        There is just no consistency across the network as a whole. I’m gonna hope these issues are resolved in a year when I pay off this Note 5, and if not, I’m switching back to Verizon. I rather pay more for a service I can RELY on.

        • Rob

          At least your Note 5 will let you select bands to use. That’s the only thing I miss about it. Band 12 is heavily congested in my area of town yet my phone always prefers 12 over 4. With my Note 5 a quick trip to *#2263#* took care of that problem and I could move between the bands until I found the one with the best speeds.

        • Phone Guy

          Sadly we shouldn’t have to do this. It should manage itself better.

      • Rob

        It depends on the area and time of day and also if your phone is giving preference to the little sliver of 5MHz band 12 like mine tends to do even when there is much faster 10MHz band 4 available.

      • Phone Guy

        T-Mobile is severely over loaded. I used my phone in LA today and got about 300KBS per second. I had to switch to WiFi. My mom’s Cricket was 10 times faster. I rebooted, and same speed. Yes, they do have severe congestion. Just because you can clock 10MB where you are and where you go doesn’t mean tons of people aren’t having the opposite problem.

        • marque2

          You might need a new phone. I actually turn my wifi off at work in Irvine and sometimes tether my work computer to the phone because the phone data stream is so much better than my office wifi.

  • PC_Tool

    Holy crap his response reminded me so much of one of our presidential candidates it could have been a direct quote.

    FFS, John…didn’t you say all the extra fees were a customer pain point? How on earth is this new plan “simple” when every single thing is an additional fee?

    The UnCarrier movement is dead.

    • jusayain’

      no its very much alive. but u better hope its not dead because then your trolling carrier would follow it in unison

    • marque2

      They could offer the plan for $100 and offer discounts for using less intensive data, would that make you happy?

      • Acdc1a

        Nope, because everyone has to have something to complain about.

      • PC_Tool

        You know what would make me happy?

        Not using the word “unlimited” and then limiting it more and more ever iteration of a new “unlimited” plan.

        That’d be great.

        Or they could just stop using that word entirely, since they seem to not have the slightest clue what it means.

  • 65TPT

    I thought the whole reason for net neutrality is it keep things even or neutral and fair for all parties “I know this is a simple explanation of it”. With this plan all video is at 480p meaning no one or service is getting special treatment. It’s not this app is high definition but if you use this app it’s SD.

  • S. Ali

    If the EFF had things their way we’d all be in the digital stone age. I sure as hell don’t want to go back to the days of tiny data buckets, pay-by-the-GB, and metered internet. Seriously, these guys need to EFF off! I want throttling so that every user can get high quality access to wireless internet. Why doesn’t EFF put their efforts to good use and fight ISP monopolies instead.

    • Matt

      Not true. The EFF has the consumer’s best interests in mind. Corporations constantly try to squeeze more dollars out of us while providing less in the way of service.

      • Walt

        That’s what they want you to believe. Kinda like the EPA or department of education. But the reality is so different it’s not even funny!

        • marque2

          They are definitely interested in Google and Amazon interests, not ours, or they would laud the choice TMo is giving consumers.

      • Acdc1a

        You must be kidding…

    • Axe to grind?

      Funny how this clown show doesnt mention sprints garbage plan that does the same thing!!!!!

  • John

    I feel like there are many people like me that don’t need unlimited data and only use a couple gigs a month. But when I do watch a YouTube video I want it to be in high def. What’s the point of having these QHD phones that can’t utilize it all the time. This plan is very expensive if you don’t have a need for data. I hope they don’t eventually make all current customers switch their plans.

    • Phone Guy

      I think the point is 9 out of 10 people can’t see the difference. Just a thought.

      • John

        I feel bad for those people lol

        • Acdc1a

          You poor soul. AT&T and Verizon customers were provided 480p video for YEARS by Netflix because of their abusive practices…AND NO ONE NOTICED! Why you ask? Because even on a 4K screen that’s 5.7″ IT’S JUST NOT THAT NOTICEABLE.

      • marque2

        Or they, like me don’t care. Seriously, watching a cat fall off a piano in high def vs 480p doesn’t really change the experience for me.

        • John

          But if you do want to watch that one cat video in high definition while on cellular data paying $25 is ridiculous. All I’m saying is that people that are mostly on Wi-Fi and don’t need lots of cell data are getting the shaft with pricing.

        • marque2

          If they are really getting the shaft T-Mobile will have trouble with it up new customers When that happens the plan will go away. But if are wrong and people perceive value in the plan, T-Mobile will co to be to grow, and no-one will be shafted since they voluntarily took on the plan.

  • jj201367

    I’m keeping my currently plan 4 for $100 2.5g and 6 lines total

    • Ty Christensen

      Absolutely, we have 10 lines on the 2.5GB promo for $160 (4 for $100 + 6 lines @$10 each) never going to change that and am always extra careful when getting a new phone so they don’t change it. This plan is unbeatable.

      • jj201367

        We have the same and I won’t change

    • Phone Guy

      How do you live off of 2.5GB?

      • jj201367

        i use wifi and i have unlimited data even if i pass it

        • Acdc1a

          And that’s just it. If you’re paying another service provider (or leaching off from someone else’s), there’s no need to carry a big bucket of data. When you don’t have that option (as I don’t) you need more data. I use to 6-8GB of data that isn’t white listed by T-Mobile. BingeOn and Music Freedom have allowed me to drop my home ISP.

      • marque2

        With the free streaming radio and binge on, it is hard to use any data at all.my kids use the most, about 8 gigs a month, but we are only charged for 2 gigs of that on a 6 gig plan. The reality is with T-Mobile it is hard to actually get charged for using data.

  • Matt

    I agree with the EFF. This is a clear violation of net neutrality. T-Mobile clearly crossed the line. Binge On was on the fence but this clearly makes people pay more for content and discriminates on quality.

    • EndlessIke

      but is it clear?

      • marque2

        Can you hear me now?

    • Critic4U

      How do you figure that? If you choose to select a plan that is governed with you having binge-on on all the time and are looking to save money because you don’t need your content in HD why not save the money? or you could spend the extra 25 per line and get unlimited HD which pretty much costs as much as the current unlimited plan going on the choice is yours. T-Mobile is just trying to give more of a choice in the quality of content you would like and not twisting anyone’s arm into getting it. Not arguing but that’s how I see it. Personally I think he should of just come up with a plan that gives HD all the time but I could care less because I was smart and got that plan back in 2014 $100 for the first two lines and $40 for every line after. It gets me completely unlimited full on HD LTE with no bandwidth cap and 7GB of tethering all grandfathered and haven’t seen the need to change plans yet. We also use around 150GB a month.

      • Aconn

        You say it’s about choice but it’s not, it’s about money. If it was about choice they would have left everything alone and given people the choice as to what they want to pay. What they’ve done is eliminate choice and began a plan to force everyone onto one plan with low quality video streams or pay more for normal content. This is the most “carrier” move I’ve seen Legere make.

        • Critic4U

          Their not telling everyone they must join this plan, I myself have been grandfathered into a plan since 2014 and will NEVER change it. I even took a screenshot of the executive level T-Force team member saying that they will not change my plan for as long as I have it.

          So if you have a good plan now whats the problem? These plans are for people that want to spend less; furthermore, honestly people are making a big deal over something that won’t even affect them and they are just pissed off that they didn’t get a good deal on a plan or switched their plan to something that wasn’t what they hoped for.

        • Aconn

          Yes they are telling people they must join this plan just not directly. Sure, if you are grandfathered into a plan just as I am, you may keep your plan if you so choose. But, what if my data needs change? What if I need less data? I am stuck on the plan that I have and locked into paying that amount or I must change carriers. And if I want a little more data I only have one choice and then my streaming quality goes down or I have to pay an additional $25 per line. I have seven lines with tmobile. That’s an additional $175 a month if I don’t want to watch Crappy quality video. And, every new customer has only the one plan available to them. No choice, you pay this. Or, more if you want truly unlimited data. And, now your hotspot is only 2g. It’s crap.

        • Critic4U

          Your speculating that they are going to have this new plan forever. In business especially cellular one thing you must always know is there is going to be change. Who knows they might come out with a better plan in October than this one, but your making valid points also For NEW customers and it sucks to be them they had their chance to join before and get a good plan. One thing you have to know is when to switch your plan your making that choice not them and you have to weigh the pros and cons about doing it otherwise you will get so fed up you will want to go to another carrier for a mistake YOU made changing from your grandfathered plan.

        • Aconn

          And you are speculating that they are not. I watched the announcement that John Legere made and it sure seemed that they were intent on this being their only plan for at least a long while. And yes, it would be my choice to change my grandfathered plan but they have limited my choices to only one (two if you want to nit pick) option.

        • Critic4U

          And I AGREE with you on that being the only choice. I used to work for sprint before I had enough of them screwing people over, but my supervisor told me that “No matter what you see from this company nothing will EVER be FOREVER and to always and I mean always expect change in the industry”. I believe that he also meant the other Telecom companies as well; however if it doesn’t I will eat my own words if this plan is here indefinitely.

        • Phone Guy

          Do you realize that you won’t get 5G data? I’m smack on sure most people don’t see this coming. Most of these plans are unlimited 2G data with x amount of gigs of 4G LTE, or unlimited 4GLTE, but watch as they transition your towers to 5GLTE, and start getting rid of 4G towers. They are doing this now getting rid of UMTS towers, making it tougher for older phones. So you may not be technically forced, but you probably won’t get the new good stuff, and will eventually see your 4GLTE network deteriorate. Notice all the new plans in the past three years don’t refer to just high speed, they refer to 4GLTE.

        • Critic4U

          I don’t need 5G, what I need them to do is close the gap on network stability issue in the nation becoming a better company for coverage. We probably wont even see 5G for another 4 years and If I have to I will do like every other person and weigh my options for cellular communications on who the best provider is at that time for both speed and cost; however, for me $140 a month three lines for completely unlimited speed 60Mbps is plenty for me and I don’t get capped (my fine print on my plan doesn’t have the 22GB or 26GB throttling cap) my monthly data averages are around 150GB with no gut wrenching slow downs. slowest speed I got was 22Mbps.

          I do agree with you on the fact of noticing the 4GLTE wording a lot more and I imagine once they do pull the trigger for the 5G stuff that if I want a new phone with 5G I will be forced to get into a new plan if I want the 5G but on a phone I honestly don’t feel the need for it at all.

        • marque2

          They are giving people the choice for what they want to pay. Low quality vids are $70 high quality are $85. What could be more empowering for the consumer? You have a choice. Net neutrality is about Amazon and Google being able to wantonly rape the internet, but it was sold to us like 60’s peace movement plan. Now we see how it helps the big guys and reduces choice for the consumer (if these plans are nixed by some agency)

        • marque2

          What choice did they eliminate? They added choice, I can choose to get a low bandwidth video plan, and if I prefer better, I can choose to pay a bit more to get better. How is that an elimination of choice – seems like common sense, unless you are some kind socialist – we should All be given the exact same plan with the exact same services for free! Bernie could do it!

  • Matt

    I also might add that Sprint/Boost’s also seems to violate Net Neutrality as well.

    • Acdc1a

      My fingers might get tired saying the same thing but NN was designed so that no one got priority in a pay to play scheme…like Netflix getting 4K while Youtube got 480p. When you treat all of the same type of data the same (video in this case), you don’t violate NN.

  • Adam

    I have mixed feelings about this one. While T-Mobile One does violate net neutrality, it is the big companies that are getting punished by the new pricing model. Google and Netflix are getting the short end of the stick because customers need to pay more for HD. On the other hand, there are several smaller companies that stream/download HD that T-Mobile does not realize are video companies. These under the radar companies are getting a nice boost because their HD video is suddenly cheaper than the big boys.

    • Guest

      I think T-Mobile throttles based on the website too not just video files. I think I read that somewhere, it is one of the last studies.

      Maybe all the companies that were part of the Binge On scheme will surely be throttled will others that didn’t care to be part of Binge On or didn’t know will be at full speed, depending on their video files.

      • Walt

        I think therefore it must be true…

        -guest

      • SirStephenH

        Binge On throttles ALL video regardless of whether or not it’s on their partner list. The partner list is only for zero-rating data.

    • Acdc1a

      It does not violate NN…that’s the bottom line. All video is treated the same. NN was designed to avoid Netflix getting 4K streaming while Youtube is relegated to 480p. Get it?

      • Adam

        Not all video is treated the same. Customers only have to pay extra for HD video, when the video is on T-Mobile’s official video list. For video that T-Mobile does not track, HD is no extra change.

        • Acdc1a

          Not that simple. The network looks for video codecs. If it sees it, 480p.

        • Guest

          I hate to disagree, but the throttle will force providers to adjust their streams to a lower res video if they have that capability. T-Mobile doesn’t care about video quality, they want to throttle to save bandwidth.

        • Guest

          That was Binge On, with this new plan all detectable video files will be throttled to 1.5Mbps, be it streams or downloads to force providers into streaming a lower resolution video if they can, video downloads will just be slow. They say only video files but whos what else they’ll throttle.

        • SirStephenH

          Binge On has actually been throttling ALL detected video to 1.5Mbps from the start. It does this by examining the data, not by matching it to their partner list. The partner list is only for zero-rating the video data.

      • Mark

        That’s part of it, but in reality the rules were intended to outlaw *all* forms of content-shaping, mainly because the nature of your data should be NONE OF THE ISP’S BUSINESS. They can throttle you after you’ve used x amount of data, but it shouldn’t matter to them whether you used it on academic PDF’s or Netflix. THAT’S the core point the EFF is going to be concerned with; the whole concept of the “open Internet” is predicated on the idea that the infrastructure acts as a blind pipe.

  • Hesaidshesaid

    More TMO haters making nothing into something. Go hate your own carrier. Verizon, AT&T and Sprint have more dirt to hide than Hillery Clinton!

    • John

      *Hillary*

      I think she’s more pro- education.

  • gmo8492

    While I absolutely don’t agree with what T-Mobile 1 terms and pricing scheme, the EFF says that they are discriminating against data which is not entirely accurate. In fact T-Mobile is indiscriminately throttling all data streams to conform with binge on standards. The second part which does hold weight against Net Neutrality is that T-Mobile is essentially making you pay for a “fast lane” of unthrottle data. This is where they might get in trouble and I would totally agree that they cannot charge for faster data.

    • Guest

      They say they’re only throttling video files not all data, but who knows; the studies said a different story.

    • Phone Guy

      But they can charge. On VZ and at&t as of today and Sprint, you drop to 2G when you are out of your bucket. You are now forced onto a slow line, and all your data is throttled. And to get fast, at&t and Sprint will charge for more/faster data. So think about that. They are doing it exactly like T-Mobile, just slightly differently, but charging.

      • SirStephenH

        That’s a false equivalency.

        All data is treated equally until you run out of data with the other carriers unlike with T-Mobile One.

  • Guest

    Many are hypocrites: they said little or nothing when listening to Music Unlimited, or when watching Binge On videos, or when playing Pokemon. Now when they don’t like the new plan they say it violates NN and they are complaining to the FCC like there’s no tomorrow.

    T-MobileCarrierONE I think violates less rules than the usual suspects I mentioned. There’s the content type (video) discrimination (unless you pay extra for full speed) and I don’t know what else. Good luck.

  • Phone Guy

    I hate this new plan but I 100% disagree with you. Its part of the plan they are offering. at&t as of today, Verizon as of last week, Sprint as of a year ago, and T-Mobile throttle all your data when you run out down to 2G. You don’t have a choice to watch 1080P because it won’t work. Zero choice. And you are paying for unlimited 2G data, with a bucket of high speed. This is similar. If you “choose”to go on this plan (GO to Verizon or at&t or something else), if you “choose” to go on this plan (TMobile One), then you choose to pay for what it offers. (As miserable of a plan as it is). Your argument doesn’t hold water “If the video was encoded at 1080P I should have the option, without charge to watch it that way.” No you shouldn’t. That’s a very Bernie Sanders statement, using other people’s money to pay for you. You can’t do it with Verizon when you get to the 2G. You can’t do it with at&t when you get to the 2G, and you will have to go to WiFi to get it. Or pay the higher price on this evil plan.

    • cajunflavoredbob

      I’m not sure if you read the details of the plan or not, but we’re not talking about watching HD video over a 2G connection. Under the new plan here, T-Mobile will not allow you to receive HD video unless you pay extra. This is a Net Neutrality violation. You don’t have to support Bernie or Trump or anyone to see that much.

      This issue is that they’re modifying and monitoring your network traffic looking for when you try to access video content. It doesn’t matter if you’re fine with them doing this or not. They got a pass with Binge On because it was optional. Forcing customers to pay extra to access extra content online is more of a hostage situation. It would be another thing if this was simply an additional plan offering, but it’s not. This is going to be the standard plan going forward.

      There is no choice in this. It’s a more expensive and restrictive plan packaged up as something great, which it is not.

      • marque2

        So, then don’t buy the plan. If you don’t like it, get something else. But don’t try to block this plan from people who can use it, and would benefit from it.

        • cajunflavoredbob

          Get what else? This is going to be the default plan for everyone. People are upset because it’s a worse plan than the current unlimited plan. However, the only reason it’s getting nearly as much attention as it is would be the fact that blocking HD video, regardless of whether or not the customer uses it, and hiding it behind a paywall is a clear Net Neutrality violation.

          Binge On was allowed to stick around due to the Opt-Out. The only way to Opt out here is to pay.

      • Acdc1a

        Actually I must disagree. You clowns calling for this plan’s head should be limited to 2G. Just let it buffer for say 24 hours and you should be able to watch your video. In the meantime I will watch my 480p and enjoy it.

        • cajunflavoredbob

          You missed the entire point.

      • marque2

        Then don’t get it.

  • Owen

    I think that the EFF needs to go back and read the FCC net neutrality rule. First, the rule states that throttling should not be used as a means to block access (not quoting, but I think this is close enough). I remember when Comcast “throttled” user’s access to Netfix. Netflix access was pretty much blocked. Secondly, I was always frustrated with video websites because they shoved as much data at me that my bandwidth would provide. Since T-Mobile has introduced Binge On, I have not had any trouble streaming video over cellular service. This new plan makes since in a way. Higher video quality consumes more data. If you want to knowingly use more data, then you should pay for it. Personally, I am keeping my old 10 GB per line plan as tethering is not reduced to 2g.

    • marque2

      We love binge on. This whole net neutrality was sold to us as allowing consumers not to pay extra, when in reality it is a plan to keep Amazon and Google from having to pay their fair share for all the Internet they use (Netflix works off Amazon servers) and now the idiots are demanding the customers pay more while the big guys get service for free.

      Another case of a nice sounding government program backfiring. “The road to Hell is paved with good intentions.”

      • flash

        What utter tosh. Amazon and Google pay plenty for their internet. The NN debate was about stopping ISPs from trying to charge them twice or more…and/or to stop them trying to degrade the OTT services in favour of their own.

        • marque2

          Not nosh at all. Why do you thing Google was the one to lay for most of the net neutrality lobbying and brain washing of the public? Was it because they were being nice and wanted a nice socialist system for the internet? No it is because ISPs and phone companies, the ones who charge us on the back end were being overwhelmed with 1: data from the big three, and 2: the big data providers were demanding free placement of servers at ISO facilities, not even a le to charge rent for the space. The ISPs naturally wanted to charge them something for providing service to them, but of course Google and Amazon didn’t want to, so they spent money to brainwash us. Of course the fees Google and Netflix are no longer paying to the ISPs means we all have to pay more for internet even if we don’t use services like Netflix.

          You’ve been duped and you don’t even realize it. Are you a Hillary supporters as well?

        • flash

          Wow, you really don’t know what you are talking about, do you (the “socialist” bollocks made this very clear – NN is a technical issue, not a left/right issue)? The ISPs have been very clear what they want since Ed Whitacre in a famous 2005 speech essentially said that he wanted a piece of what the OTT services like Google, Yahoo were making from “his pipes”.

          As to my background, I am a software developer that has worked in telecommunications and application development for the last 20 years. A non-neutral internet would strangle the innovation engine that has powered the growth of a huge range of internet services…and put jobs like mine in danger.

          In relation, to your specific points, Google hasn’t been a significant player in the network neutrality debate for years. Again Google and Amazon pay plenty for their internet access. When ISPs claim they are getting it “for free” they mean these OTT providers haven’t paid again for access to “their subscribers”.

          Netflix has a program where they provide a caching box for free to improve performance and also reduce ISPs costs (my ISP has this which is why it has one of the best Netflix performances). No-one demanded “free server placement”. Some large ISPs (Verizon and Comcast), even though they have plenty of capacity, held access to their subscribers to ransom to extract extra fees from Netflix (i.e. if Netflix didn’t pay they would degrade Netflix performance).

          No-one is paying more for internet access. The cost per GB for transit has fallen off a cliff. In the last ten years, transit costs have fallen by a factor of a hundred…yet ISPs still want you to believe in “artificial scarcity” as they can use artificial scarcity to attempt to extract extra fees from both customers and OTT providers. This is not only bad because of the extra costs but because it reduces incentives for ISPs to invest since if they increase capacity it makes it harder for them to try to extract extra fees through their “scarcity” argument.

        • marque2

          I stand by everything I said, and can see you either been brainstorming washed by your company or by the Google lobbying. Google, Amazon, Netflix (through Amazon) and Hulu account for approximately 2/3 of the internet traffic, and while they pay some, they aren’t paying nearly enough for the back end infrastructure they use. And they demand free use of end provider facilities.of course they are for net neutrality. Of course, your supposition that it would stifle the internet is stupid. Net neutrality, is stifling the internet by requiring the exact same service for data that has different QoS needs (for those not as sophisticated as you that stands for quality of service)

          And of course, having everyone participate and receiving equally is the Tennant’s of socialism. If you want to technically i.plement a socialist system and pretend it is something else is your business.

          I won’t bore everyone with my qualifications, let’s just say I am also in the industry.

          Sorry you got brainwashed. Hopefully some day you can get deprogrammed.

        • flash

          I came back with a detailed response to your false assertions…and then you just repeat the BS again. You say you are in the industry but all you do is regurgitate anti-NN propaganda without showing me you actually know anything else. Perhaps you are in the industry but you are obviously not on the technical side (you know what QoS stands for – wow /s).

        • marque2

          Dude I could bloviate for pages as well, but your assertions are just trash. You have a political opinion, and that’s it. Sad that you don’t realize it. As I said brainwashed, and anyone reading your analysis from a neutral perspective would realize that.

          Thanks for playing, sorry we can’t be friends any more.

        • flash

          An old legal saying – “If you have the law, hammer the law. If you have the facts, hammer the facts. If you have neither the law nor the facts, hammer the table”. All I can say is that I am impressed by your hammering of the table.

    • Android_God

      You’re suggesting that they go back and read the rule that you’re not even sure about?

      • Owen

        Yes. I am suggesting they go and read it. As, I will tell you to attack my statements with facts instead of attacking my unwillingness to go back and reread the net neutrality rule just so I can quote it in a comment. I believe that my comments are accurate. If you believe otherwise, please provide facts instead of attacking my admission of not directly quoting the rule.

  • Guest

    There are websites like the Internet Archive that have videos at different qualities for watching and for downloads. Some videos are only at HD and they don’t have the capability to adjust videos to different qualities like commercial services do since they are non-profit. Watching and downloading certain videos with this plan will need longer times of buffering and slow downloads.

    Throttling could exist for us to save data if we want to but we should have the option to turn it off. Of course that could only work with data buckets not this new plan.

    • marque2

      Do you have a problem with that using binge on? I haven’t encountered the problem yet.

      • Guest

        That’s the thing, you don’t know when you gonna need full speed. I haven’t used that website in months. To give you an idea, it’s the type of problem people were having with YouTube.

        • marque2

          Like I said, never had a problem. YouTube works fine on all my phone’s with binge-on. I see cat videos just fine on Facebook, and Netflix movies work fine (so doe Video).

          You watching the pR0n sights? Maybe they just don’t have good servers to begin with.

        • Guest

          The prOn sites are actually the most advanced, I heard, from other people of course. The ones that will have the problem are the non-commercial, non-profits and the small businesses.

  • Axe to grind?

    I guess eff didn’t look at sprints plan where they are doing the same thing and are launching BEFORE tmo launches tmo ONE

  • Moe

    I must have missed the EFF “ruling”. Article said EFF still looking at T-Mobile 1 plan. Until EFF and FCC make a ruling we’re all guessing – no need to get your nickers in a bunch – for now it is what it is.

    • Homero Garza

      Eff is a non profit not an agency

  • marque2

    You do have the option, don’t get an unlimited data plan. Get the 6 or 10 gig plan and turn off binge on. No one is forcing anyone to buy the T-Mobile unlimited plan. If you don’t like it, get something else. Don’t ruin it for everyone else because of your pettyness. I am sure Verizon can accommodate your needs.

  • Adrayven

    In the past, it got by because customers could, at no charge, enable or disable it.. it was up to them at no COST..

    Now, it’s basically a pay wall for content. THAT pushes it over IMO..

  • Konor Sacks

    Or T-Mobile looked at there tower loads and saw that the HD video was taking up large amounts of space and this it that way they freed that space up…

  • Prode

    The only problem I have with this whole new plan is the hotspot. If you pay $95 right now I get unl T&T&data as well as 14gb of HS. On the new plan $95 gets me UNL T&T&data with 128kb/s hotspot. I would take the 14gb of LTE over UNL 128kb/s Hotspot anyday. This new plan plain and simple is just here to charge ppl more money if you want hotspot and HD Video. I will not be changing from my current setup and I hope most others don’t as well to send T-Mobile a msg that the new plan blows.

    • guest

      It’s $95 with HD video…
      A huge concern with your everyday consumer was they don’t care for the hotspot or high quality video. Most can’t even tell the difference in quality anyway. The only ones who care are the ones who use it, this is why T-mobile let’s you keep your plan as it is. They’re targeting their majority customer.

      • Prode

        Which is fine but at one point when they drop the 2gb which is a lot for some ppl they may lose new customers. Because $70 is a high starting point when T-Mobile lacks in other areas.

  • Trevnerdio

    Oh and gg T-Mobile on the free shirt offer. I was super stoked and placed my order for my #GETTHANKED shirt… but now I’ll feel awkward wearing it when it finally arrives. I’ve lost some excitement and pride in you, T-Mo. You’re beginning your descension into über-carrierness.

  • marque2

    Or get the unlimited plan and pay the $15 extra.

    I still don’t understand the complaint. If your current plan is better stick with it. If the 6/10 gig plans work, get those. If those don’t work, get another carrier.

    If you don’t like the plan, don’t complain and demand it be removed, because it might just be the perfect plan for someone else.

    You can’t get everything you want for free, or almost free.

    • flash

      Didn’t you read the press release??? The whole point is to get rid of the other plans. They have backpedaled a bit in the last couple of days due to the outcry (promises of “if you like your plan, you can keep it” and suggestions that some of the Simple Choice plans will stick around for a little longer)…but the goal is still there.

  • marque2

    Eventually they are phasing out all plans? I think most of us are grandfathered, and if T-Mobile starts making a lot of plans people don’t want, they will quickly find out as they lose market share. They don’t really need your expert opinion.

    • SirStephenH

      We are grandfathered but if you’re new to the network or have to change your plan then you’re stuck with one horrible, expensive option.

    • Guest

      And eventually we’re all going to die and of course we all have choices, like the choice to complaint whenever and whatever we want and you the choice to complaint that we complaint and then try to makes change.

      Welcome to the club.

  • I don’t know how this one will play out. The thing that will really keep me off is the tethering. I use it quite a bit. Fortunately I can stay with my current plan. Unlimited for 5 people and 14 GB high speed hotspot for $183 including all taxes and regulatory fees seems reasonable to me. I don’t even keep internet at home because it’s rare that the phone and tethering insufficient for me.

    It looks like a switch would be somewhere in the neighborhood of 300+ even before taxes and fees.

  • FILA

    Pluss another $15 for tethering that was already included at $95/month

  • marque2

    The answer is, if you don’t like it, you don’t have to buy it. If other people don’t like it, they don’t have to buy it either. People are very capable of figuring this stuff out on their own and do not need a nanny whine over them and protect them from themselves. Now we know just how stupid net neutrality is. If folks want to pay for lower quality or higher quality, they should have a choice, and not be forced by ninnies not to have the choice (which would mean paying $25 more for everyone, actually harming everyone) if I don’t don’t want net neutrality I shouldn’t be forced to pay for it just because you have been brainwashed by Google and say so.

    It is very some and doesn’t take pages of typing to describe. It’s called freedom.

  • NavyVeteran

    This is a bad deal all around. T-Mobile will screw you over with this new plan. No Way. No How. No new plan!! If they force me out of my current plan, like other carriers do, I am done with the mobile industry and going solely with Google Fi!

  • Mark

    Net Neutrality or not, these new plans just plain suck as much as the other carriers.

  • steven berson

    Tmobile is starting to get arrogant since they are performing better. Keep doing this and its going to bite them in the a$$

  • patrickhday

    And way to encourage stealing. Welcome to the wonderful world of capitalism. They provide the service under their terms, you don’t like the terms, change services, or providers.

  • patrickhday

    I get the feeling given the outcry the plans will have the option to toggle again maybe. Either way , Legere isn’t dumb and will most
    likely throw a bone to the masses. I know the plans look harsh but
    that’s the way things roll.

  • Joemail

    So this is the turning point for T-mobile?

    I’ll stick with my current plan as long as possible, if not possible, i honestly have no loyalty to a phone carrier. I am easily sold to the next guy who offers a small sliver of change, service delivery, and cost. Like my cable companies/FIOS they can compete with each other to the ground.

  • TaylorW86

    My opinion from the business side of TMO is that this new plan is a response to the increased competition from the cheaper pre-paid carriers who all dishonestly claim to offer “unlimited data” for very low prices, because they offer unlimited 3G. TMO can now honestly claim that all of their plans are unlimited 4G LTE for 1 flat rate, with the add-on features now being specific functions like tethering and hi-def video.

  • TaylorW86

    The feigned outrage from the posters here is confusing because T-Mobile announced over a year ago that their unlimited plan was either going up in price or going to be phased out completely Just a few days ago the unlimited plan was $95 with 14gb tethering. Now the unlimited plan is $95 and 4G LTE tethering costs extra. If that is a big deal to you then you haven’t been paying attention.

    • flash

      Do you have a link for that?

    • flash

      The outrage isn’t only about the unlimited going up in price…but that T-Mobile had the audacity to suggest that it wasn’t. Also, in the T-Mobile One announcement John Legere indicated that this would be the only plan going forward (though they have been backpedaling quickly due to the outrage). I far prefer to have a data bucket that I can do what I want with (e.g. occasionally I need to tether) than have “unlimited internet” that is throttled in so many ways that the “unlimited” part of it is practically useless. And in general DPI is bad news. It is effectively spying on what you are doing and it is only going to get worse.

    • flash

      I wonder whether the “BingeOn” program was setup specifically so they could perfect their DPI for video.

  • a d00d

    FWIW, I’m not happy at all about this, but I totally understand it from a business standpoint. TMo is shelling out multiple $B$ILLIONS of dollar$ to buy spectrum and build up the network: that cash has to come from somewhere, which is you, me, and–I’m guessing here–the advertisers on TMo Tuesdays and phone bloatware. The company needs to break even very soon and turn a profit in the next, oh, 5 years or less I guess, or else DT will get upset again. Bitch all you want, but TMo needs to pay its bills like everyone else.

    There’s still a lot of bad spots, but they DO have contractors and/or company techs working on them. VZW and ATT didn’t get as big as they are overnight, so how do you expect TMo to? A *BIG* problem they may or may not have anticipated is the unlimited streaming slowing data to a c.r.a.w…l…. which is where the extra $25 comes from–totally NOT net-neutral, but hey, do you do the AntiChrist thing of rooting for Binge-On, or the Christ thing of shelling out extra–you can’t have both. (Yeah, bad analogy, but I can’t think of a better one at 4am.)

    • Fabian

      They also sell your information to advertisers.

    • Clifton K. Morris

      What if your a smaller company and want access to T-Mobile’s zero-rated billing system?

      T-Mobile’s program is actually closer to a cooperative marketing effort. They select companies which have established brands and then advertise T-Mobile service alongside the other successful company’s brand. Think of it like a short-term loan of another company’s brand, image, and success to cover up the spottiness of the coverage, capacity, and service T-Mobile offers.

      People who get suckered into this often find the coverage doesn’t work. They have to rent a microcell, pay $50 deposit, and also donate home or office internet bandwidth so (up to) 16 people T-Mobile sends a bill to in your area can also use Pokemon or Netflix near your home or office can play games and watch movies too. All this happens when in reality, secured WiFi would actually be perfectly acceptable. It’s a great deal for a network who is still ranked last (#4) in reliability and coverage.