Sens Markey, Blumenthal, Wyden Request FCC Investigation of Wireless Carriers' Throttling of Video

In Nov 2018, Sens Ed Markey (D-MA), Richard Blumenthal (D-CT), and Ron Wyden (D-OR) wrote AT&T, Verizon, Sprint, and T-Mobile, asking them to respond to a study that showed possible network neutrality violations on their networks. Specifically, the study, which used data collected by the app “Wehe,” showed numerous instances of bandwidth throttling for certain video providers. In response to the Sens’ letters, the four major mobile carriers denied Wehe’s findings that they selectively impair or degrade video streaming. Rather than acknowledge the apparent throttling of video apps, the carriers blamed the disruptions on consumers, network management, coverage, or limitations imposed by the content providers themselves. Those justifications, however, failed to explain why certain video providers such as Netflix and YouTube were experiencing bandwidth throttling, while others were not. 

In response, the Sens have written to the Federal Communications Commission to demand an investigation into the carriers’ throttling and inadequate disclosures to customers. “In their responses, the mobile carriers frequently attempted to shift the burden onto consumers and hide their practices,” write the Sens. "Lengthy terms and conditions or small text at the end of the webpages using broad terms should not be considered disclosure, nor are they the basis of effective consumer choice or control. The lack of clear and complete information that the carriers provided in response to congressional inquiries should prompt the Commission to investigate the carriers’ practices and determine if they violate existing transparency rules.”