Like I said before, if AT&T got their way and every unlimited customer switched to either the 3GB or 5GB+tether plans, AT&T's own solution for throttling I might add, it would not solve the very problem they state is the reason why they throttle to protect their network. Simply, if 2GB+ (unlimited plans) is the problem, then how can 3GB+ (teared plans) be a solution?
IT'S A TRAP!
If it would solve, then AT&T could easily satisfy the vast majority of unlimited customers to give up their plan by offering them 5GB+tether plan at the same monthly cost of $30 in order to try to honor the contract.
Any way I look at it, throttling or forcing customers to switch plans is the very act of AT&T breaking their end of the contract between these customers. For this, those customers should be able to walk away from AT&T without penalty and go elsewhere, plus keeping the iPhone regardless of "subsidies due". Remember, its AT&T action that voids the contract, nothing on the customer part violates the contract.
I'm not a lawyer, but I think it's pretty clear cut.