AT&T: The FCC is to Decide if our Network Management Program is “unfair”

Last November I reported that the "FTC Sues AT&T for Shaping Unlimited Subscribers" (here).

Jon Brodkin reports to ARS Techica on AT&T's response: "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 [see below] an FTC lawsuit this week"

In addition, AT&T says that the FCC is already checking the same issue:

"The FTC seeks to litigate the very same issues in an inappropriate parallel proceeding. It asserts in this lawsuit that AT&T’s imposition of MBR was unfair and that its disclosures were inadequate. But whether AT&T’s network management program is “unfair” and whether its disclosures were “inadequate” are issues for the FCC to decide, and in fact the FCC is in the process of so deciding, just as Congress intended".

See "AT&T defends unlimited data throttling, says the FTC can’t stop it" - here.