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Netbook buyer blows by 5GB limit on AT&T data plan, sues

Nothing quite like a four- or five-figure phone bill to break your spirit, and in many circumstances, we can understand why your first reaction after opening such a bill might be "I'll sue the pants off of these people." Of course, contracts are pretty well ironclad thanks to the generations of overpaid lawyers that have perfected them over the years, and generally speaking, you've got to lie in the bed you've made -- but occasionally, a situation develops that's genuinely bogus. This one has been brewing for a while, actually, ever since AT&T and others decided to drop their unlimited data plans down to a 5GB cap: unexpected overage. A buyer of one of those $99 Aspire Ones bundled with an AT&T contract at Radio Shack got a shock of a bill after blowing past her 5GB cap, and while the individual should've certainly done a better job of understanding that the cap existed, shouldn't the carriers be shutting off data by default when you hit 5GB, or after just a very small amount of overage has developed? At any rate, she's suing AT&T and Radio Shack for her troubles -- and it looks like she's seeking class-action status -- so we'd love to see this spur companies into more proactively preventing nasty bills from developing in the first place.

T-Mobile kills the 1GB data cap, takes a more friendly approach


It looks like T-Mobile is listening folks -- and they appear to be responding. In a statement we've just received from the company, they tell us that they're killing the hard-line approach to data capping, saying instead they'll reserve the right to cap a "small fraction" of users who abuse the network. In their words:

"Our goal, when the T-Mobile G1 becomes available in October, is to provide affordable, high-speed data service allowing customers to experience the full data capabilities of the device and our 3G network. At the same time, we have a responsibility to provide the best network experience for all of our customers so we reserve the right to temporarily reduce data throughput for a small fraction of our customers who have excessive or disproportionate usage that interferes with our network performance or our ability to provide quality service to all of our customers.

We removed the 1GB soft limit from our policy statement, and we are confident that T-Mobile G1 customers will enjoy the high speed of data access over our 3G network. The specific terms for our new data plans are still being reviewed and once they are final we will be certain to share this broadly with current customers and potential new customers."

T-Mobile soft capping 3G data at 1GB per month


Caps are nothing new to the world's 3G networks, but T-Mobile's being particularly stingy with the bytes -- 1GB is all you get. Well, technically you can get more than that, but our friends in magenta are reserving the right to throttle you back to a stifling 50Kbps -- virtually useless by smartphone standards, and less than what even a good EDGE network is capable of providing. That's going to be sour news to heavy G1 users, especially as Android touts its stellar connectivity, world-class browser, and a full suite of data-gorging apps. For now, we're going to cut T-Mob some slack on this since the threat is purely theoretical, but if they start enforcing this little stipulation with a heavy hand, the G1 is going to have to stay in the pocket a little more than we'd like.

[Thanks, Emmanuel C.]

Rural carriers fight for return of spectrum cap

What started as a hard 45MHz limit enacted back in 1994 to ensure that there was enough spectrum to go around in every market was first raised, then eliminated, then later changed to a somewhat more toothless guideline used for analyzing proposed mergers, and rural carriers are pretty fired up about it. Following an absolutely dominating performance by the big boys in this year's 700MHz auction, the nation's back-country providers are more concerned than ever that license distribution in some markets is making it virtually impossible to compete. The solution? Bring the ol' cap back into play, but plug it at 110MHz instead of the 45 they started with nearly a decade and a half ago, a reflection of the RF-saturated, heavily licensed world we now inhabit. They've managed to pique the interest of some congresspeople, too, so there's a fighting chance this could go through; if it does, the Verizon-Alltel merger could turn into a fire sale of freed spectrum, which we imagine these little guys would be just delighted to scoop up in bulk.

[Via Phone Scoop]

Sprint falls in line, caps "unlimited" data at 5GB

We guess we all knew this was coming, granted, but it's still a sad day whenever you see another carrier fall to the dreaded "unlimited" ambiguity syndrome. Following Verizon's and AT&T's leads, Sprint is the latest to declare that unlimited does not, in fact, mean unlimited when it comes to data card usage -- it turns out that 5GB should be quite enough for you, apparently. Taking a page out of their rivals' books, Sprint "reserves the right to limit throughput speeds or amount of data transferred and to deny, terminate, modify, or suspend service" if that soft cap is violated (or you exceed 300MB of data while roaming) once their Terms of Service are modified on July 13. TOS modifications are famously ripe opportunities for escaping out of contracts, so if this leaves a bad taste in your mouth, feel free to try to get out in a couple months -- not to say there's hardly any carrier out there that's friendlier to heavy data users at this point.

[Thanks, Croft]

iTunes 100 song cap hacked to 1000?

Every once in a while something flies below the Engadget radar, like the supposed hack devised by the Moto modders at MotoModders, which, according to them, raises the cap on some Moto phones with iTunes to 1000 songs. At about 4GB worth of music it doesn't seem like we're gonna get there on MicroSD any time in the near future, but unfortunately we don't even have a Moto iTunes phone laying around right now to give it a test with. Apparently all you've got to do is run an app called MotoMidMan with the latest version of iTunes, perform a couple quick steps, and you're good to go. Anyone tried this with their phone? Care to share your experiences? Enjoy it while you can, we're sure big daddy Steve & Co. will be putting the kibosh on this right quick (if they haven't already).

[Thanks, Tiffany]




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