I purchased AT&T's 4G network along with a unlimited data plan. When upgrading I knew, and was told via customer service and multiple media advertisements my iPhone would be on the 4G network. At that time I knew if I wanted faster or slower data transfer, I could change to the 4G LTE or return to my 3G network. THIS is the speed AT&T is limiting, which has no bearing on my data plan legally. If I purchased 5Gb monthly on the 4G network I would expect my 5Gb to be transferred at 4G speeds. If I went over that limit, I would expect to be stopped or charged extra, not speed limited. Data is seperate from speed. If unlimited plan users account for top 5% overage starting at 3Gb, then any and or all 5Gb account holders are in violation of usage before they turn on their phones? This also questions why AT&T is currently selling ANY 3Gb or 5Gb data plans if the current network cannot handle the traffic. To make this stand up in court, AT&T MUST throttle ALL USERS over the set throttling threshold in a given REGION at the SAME TIME, for the SAME AMOUNT OF TIME.
It also brings into question AT&T's patents filed in the US Patent Office since 1997. AT&T filed more than 26 individual patents on how to limit access, limit broadband or limit proxy-network access. 3 patents filed by AT&T were how to increase user speed over 3GPP, HSPA, HSPA+, LTE, CDMA, UTMA Networks.