The United States is in dire need of upgraded broadband.
You hit the nail on the head!
Actually, the US needs a complete overhaul of their infrastructure in it's entirety. This place is looking like a 3rd world country.
The United States is in dire need of upgraded broadband.
You hit the nail on the head!
Actually, the US needs a complete overhaul of their infrastructure in it's entirety. This place is looking like a 3rd world country.
You hit the nail on the head!
Actually, the US needs a complete overhaul of their infrastructure in it's entirety. This place is looking like a 3rd world country.
Yeah, and you can pay for it. What does this quote actually have to do with the original post.
People in third world countries don't worry about which wireless carrier to take. They worry about how they're going to put food on their table. Please don't exaggerate.
I say end contracts. If carriers can change their terms in the middle of a contract, we should do the same
The thing AT&T did wrong was not tell us what was going on. We were all hearing from message boards and rumor sites that AT&T had started throttling people as low as 1.5GB. This pissed off a lot of people, including myself. That for $30, we weren't at least being given the same amount of data as the $30 limited plan. So, they stirred things up due to uncertainty.
If they had just immediately come out with their now official 3GB before throttling plan, I wouldn't have been nearly as annoyed. I used to actually wish they would do something like this. That it would be an excuse for me to pay the $50/month for the tethering plan. They went about this so wrong, that I now can't wait to leave AT&T.
I think it's all a scam to get unlimited users to switch plans. Check out my usage graph and explain to me why I have a sudden, massive jump in data use in December 2011 when my phone-use habits have not changed one bit:
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When I tweeted to their customer care about it, all they said was "@ATT: if you are looking to avoid reduced data speeds checkout our other plans http://trunc.it/k7m9d" Thanks for nothing, customer care!![]()
Did you switch to a 4S device? I know that some people reported jumps in data usage which was linked to Siri in some instances.
I detest these writers who opine and stand with big corporations like ATT. I don't hate corporations and their unending greed - it's animalistic, darwinian capitalism at its best, and hell, they have a right to it. It does not mean they should do it. And it does not mean we should "get over our emotional battle and join 'them' in reality."
The reality is as follows: iPhones and current smartphones were not made to work on tethered plans. They were made to work with an unending stream of data. If the market were working in the right direction, we would be getting unlimited still today for $20 or even $10 a month. All carriers offering unlimited for a cheaper price to entice costumers. NOT THE OTHER WAY AROUND. With all of them in a MONOPOLY ending unlimited contracts and charging the exact same price - giving costumers no choice or say in the matter. How do I know this? Because I come from a country where unlimited data is as reasonable as the AIR you breathe. The idea that you have to pay for GBs of data only suit people and fall as expected and acceptable in America. Believe me, if you do not know differently, this is not the way things should work. This is absurd.
ATT made 4 BILLION dollars in profit in 2011. Is this is a business that is suffering? Or whose networks are on the verge of collapsing due to overuse? I don't think so. Go ahead and get over your emotional battle about being abused if you want to believe the author of this article. Stay quiet and let every last cent be ripped out of you. Or rise up and sue ATT for the right to terminate your contract. This is my last year with ATT and probably with the iPhone. No upgrades for me.
ericrwalker said:You hit the nail on the head!
Actually, the US needs a complete overhaul of their infrastructure in it's entirety. This place is looking like a 3rd world country.
The US is 3,794,101 sq miles with a population density of 87 people per square mile.
Lets compare that to another country like England which is 50,346 sq miles, with a population density of 1,023 per square mile.
There are nearly 12 times more "potential customers" per square mile financially supporting the network.
The size of our country compared to the number of people who reside here are what keeps our networks weak. Most of us would rather have coverage everywhere we go rather than lightning speeds. It's a trade off.
Why can't ATT(or VZW for that matter) offer $10 for 1gb, $20 for 2gb and $30 for 3gb and so on?
Why is there such a gap between each data allotment?
Why do they charge extra for tethering on top of their data plan?
Why are we still being charged so much for SMS packages?
Why throttle?
Why if bandwidth/spectrum is scarce.. do they keep pushing more phones to go on that spectrum? Doesn't make sense...
Why do we pay the same for our "on contract" plan as people who BYOD with "off contract" plan? That kind of debunks the cellco argument that "We make up for phone subsidy on service plans"
Lastly why with all this questions are people still using their services? Cellcos are like drug dealers... Nobody likes their drug dealers, but they continue to buy from them anyway..
Why can't ATT(or VZW for that matter) offer $10 for 1gb, $20 for 2gb and $30 for 3gb and so on?
Why is there such a gap between each data allotment?
Why do they charge extra for tethering on top of their data plan?
Why are we still being charged so much for SMS packages?
Why throttle?
Why if bandwidth/spectrum is scarce.. do they keep pushing more phones to go on that spectrum? Doesn't make sense...
Why do we pay the same for our "on contract" plan as people who BYOD with "off contract" plan? That kind of debunks the cellco argument that "We make up for phone subsidy on service plans"
Lastly why with all this questions are people still using their services? Cellcos are like drug dealers... Nobody likes their drug dealers, but they continue to buy from them anyway..
Yes, you can sign that right away. People do it every day and it's perfectly legal.I don't think you can sign away your right to a court trial. It's like part of your basic rights. So someone can still take them to trail and class action suits are still doable.
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A334 Safari/7534.48.3)
I would normally agree with you, but the speeds are much worse in densely populated areas of the US than in the rural areas. It seems like 90% of the ATT complaints come from NYC and San Francisco. In the more rural areas, I can pull 5-8mbps pretty easily
You are part of the problem! You suburbanites and your attendtude of "not in my backyard"!
Your even the type to buy a house right beside a Airport and then complain about Airplane noise.![]()
Most users use significantly less data than 2 GB. So how can a few people using 3 GB adversely affect their network? They also have a 5 GB data plan, so how can 3 GB adversely affect their network? The clause quoted doesn't give them any authority to throttle at 3 GB. Maybe at 5 GB, they have an argument that throttling is necessary to maintain their network. Anything less, no way!
What percent profit did Apple make? What percent profit did AT&T and/or Verison make? Just want to make sure that the condemnation is applied appropriately. I think if you research it, you might find out who is ripping you off and it's not any of the carriersAnd I love Apple but hate the bashing of every company that makes money while turning and looking the other way while Apple profits more than any of the others.
Exactly, and context and interpretation will help clarify what those clauses mean; context and interpretation will help set the limitations that apply to those clauses. And as I'm sure you know, in a court of law, the judge will typically side with the interpretations given by the parties who did not draft the contract but are bound by it, especially if the people who draft the contract typically have far more influence in setting the terms and conditions of the contract, as AT&T clearly does. So, as long as the interpretations given by the users can be shown to be reasonable and fair, it'll be privileged in the courts.
No, it just identifies the sections we already agreed to discuss. Your fancy bolding and italicizing doesn't add anything to the discussion.
No, that is not what people agreed to when signing the contract. The response has to be proportional and moderate. If AT&T can prevent denying you service through other means, like throttling, it has an obligation to take the lesser action to minimally impact your service. They can only deny you service if it is necessary for preserving the network's smooth functioning. That is what the contract says when suitably interpreted. In a court, they would have to demonstrate that denying you service was the only reasonable measure to take. The same applies to throttling. If they can maintain the integrity of the network by setting up throttling during peak hours, that is preferred to hard caps and month long throttles. Again, AT&T has to make a reasonable attempt to minimally impact your service. That is what is implied in the contract terms.
AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network and (ii) protect its wireless network from harm, which may impact legitimate data flows
Again you are wrong. This is a legal contract and all terms within the contract has legal meaning. "Believes" doesn't mean they can just conjecture up any opinion, based on discrimination, superstition, etc. It has to be moderate and based on demonstrable facts. When I sign a contract, I am acting in good faith and expect that AT&T will only proportion it's beliefs based on evidence, not bias, greed, etc.
I agree there is nothing nefarious. I think there is just blatant incompetence and greed. They are trying to push the limits. Verizon, and every ISP in Canada and most of the rest of the world, only throttles in proportion to network congestion. What I mean by this is that they turn off throttling when congestion is relieved. It isn't unreasonable to expect the same of AT&T, and as I have just shown you again, that's what the contract, when fairly interpreted, says.
Yep, given equally reasonable interpretations of a contract, courts generally side with the non-drafting party. However, we aren't universally seeing *equally reasonable* interpretations of the contract being bandied about on these boards. In fact, we have people completely *ignoring* the contract language in favor of "But that's not what *I* want!".
The contract explicitly says they can cut you off if they believe your usage is detrimental to the network. They don't have to prove it to a court in order to do so. That said, yes, a court will likely require them to substantiate their belief once suit is brought.
You seem to be quite fond of strawmen. I certainly never claimed that they could "just conjecture up any opinion, based on discrimination, superstition, etc". I said that they can trigger that clause if they *believe* the use in question fulfills the requirement. A particular court may or may not agree with their assessment, however, that doesn't mean they have to prove it to the court *before* doing so. That's a matter for the contract dispute process, which is what happens in court.
I'll certainly admit that you've referenced the contract, but I don't think you actually have a very good grasp of what it actually says and/or means.
Sorry, no. I *always* read contracts before I sign them. That's part of being an adult and taking responsibility for your actions and decisions. (Yep, I read the 60-some pages of my mortgage contract before I signed it, just like I read my cell phone contract before I signed it.)
If you sign a contract, you are acknowledging that you understand it and agree to its terms. If you sign it without having read it, but were given the opportunity to do so (which you were, by the way, when you were handed it to sign), you are bound by those terms regardless.
The contract doesn't have to explicitly list every possible scenario under which it can activate a clause. If it did, the simplest contract would be upwards of 1000 pages long. Instead, it lists categories which can trigger those clauses. Those categories are still fairly explicit.
If you *really* think the terms are unconscionable, or that AT&T is violating the terms of the contract, then go ahead and file suit. Otherwise, the adults here will just assume you're just whining because you weren't grown up enough to inform yourself, and your entitlement complex has left you feeling put upon. If you don't want to deal with the expense of lawyers, go file in small claims.
the world must be so black and white to you. This is why it's called contract "language". ATT is trying to commit fraud based on their own "interpretation" of the language, which is not based on evidence. I wish I could think like a five year old my entire life, things are so much easier in black and white