The Federal Trade Commission cannot prevent AT&T from throttling unlimited data customers because of AT&T’s status as a common carrier, the company claimed in a motion to dismiss an FTC lawsuit this week.
Mobile voice is a common carrier service—similar to the utility status of the traditional wireline telephone network—placing it under the Federal Communications Commission’s jurisdiction. The FTC’s October 2014 lawsuit against AT&T applied to mobile broadband, which is not a common carrier service. However, AT&T claims that mobile voice’s common carrier status prevents the FTC from taking action against the cellular data portion of its business.
AT&T pointed to a provision in Section 5 of the FTC Act which exempts common carriers from the commission’s jurisdiction.
Read 11 remaining paragraphs | Comments

Leave a Reply