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by jonathanmayer 1626 days ago
I previously served as CTO of the FCC Enforcement Bureau. A couple thoughts on the regulatory dimensions of this report.

* This could be a Federal Trade Commission problem. T-Mobile, like all major ISPs, has made public representations about upholding net neutrality principles [1]. These voluntary commitments were part of the Trump-era FCC's rationale for repealing net neutrality rules. Breaching the commitments could constitute a deceptive business practice under Section 5 of the Federal Trade Commission Act.

* This could also be a Federal Communications Commission problem. When repealing the Obama-era net neutrality rules, the Trump-era FCC left in place a set of transparency requirements [2]. Making an inaccurate statement about network management practices can be actionable under that remaining component of the FCC's net neutrality rules.

I haven't seen a comment from T-Mobile, so to be clear, that's just based on the report.

[1] https://www.t-mobile.com/responsibility/consumer-info/polici...

[2] https://www.ecfr.gov/current/title-47/chapter-I/subchapter-A...

2 comments

> Making an inaccurate statement about network management practices can be actionable under that remaining component of the FCC's net neutrality rules.

Who would be responsible for bringing about that action and, if they don't bring about action, what can regular people do about it?

Thank you. Is there a form where one could file a complaint with the FCC to inform them of this? I'm not sure that this would be widely reported.

I am also curious if the reports about content filtering being required to deactivate the feature are accurate, and if so, what the default status of that feature is on TMobile's network.