trwnh.com/unified.test.hugo/content/_dump/articles/att-ftc-fcc-doublespeak/index.md

+++
title = "AT&T is pulling some serious doublespeak right now."
summary = "Is AT&T a common carrier, according to AT&T? It depends on who's asking."
date = 2015-01-10T12:00:00-06:00
tags = ["att", "ftc", "fcc"]
categories = []
[[params.inReplyTo]]
name = "AT&T defends unlimited data throttling, says the FTC can’t stop it"
summary = "FTC has no jurisdiction because AT&T is a common carrier, company tells judge."
url = "https://arstechnica.com/tech-policy/2015/01/att-defends-unlimited-data-throttling-says-the-ftc-cant-stop-it/"
[[params.inReplyTo]]
name = "AT&T tells FCC it can’t treat mobile data as a common carrier service"
summary = "Question may hinge on whether broadband can be a substitute for phone service."
url = "https://arstechnica.com/information-technology/2015/01/att-tells-fcc-it-cant-treat-mobile-data-as-a-common-carrier-service/"
[[params.syndication]]
name = "Medium"
url = "https://medium.com/trwnh/at-t-is-pulling-some-serious-doublespeak-right-now-8fc64f268f36"
[[resources]]
name = "featured"
src = "opengraph.jpg"
+++

The FTC is suing AT&T over its mobile data policies, particularly throttling "unlimited" customers. [AT&T filed a motion to dismiss this suit](https://arstechnica.com/tech-policy/2015/01/att-defends-unlimited-data-throttling-says-the-ftc-cant-stop-it/), saying that since AT&T is a common carrier, they fall under the jurisdiction of the FCC instead.

<figure>
<img src="ftc.jpg" alt="Per an Ars Technica headline, January 8, 2015: AT&T defends unlimited data throttling, says the FTC can't stop it." />
<figcaption>"You have no power here. Only the FCC can stop us."</figcaption>
</figure>

Except just a few days later, [AT&T tells the FCC](https://arstechnica.com/information-technology/2015/01/att-tells-fcc-it-cant-treat-mobile-data-as-a-common-carrier-service/) that mobile data doesn't fall under common carrier rules, and cannot be regulated without Title II.

<figure>
<img src="fcc.jpg" alt="Per an Ars Technica headline, January 9, 2015: AT&T tells FCC it can't treat mobile data as a common carrier service." />
<figcaption>"You can't stop us. You don't have that power."</figcaption>
</figure>

So, which is it?