FCC commissioner poses with T-Mobile lobbist at CES amid calls for investigation into ‘BingeOn’ and net neutrality practices

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Earlier today T-Mobile’s CEO John Legere tweeted a photo of FCC commissioner Jessica Rosenworcel wearing a magenta jacket posing with T-Mobile’s chief lobbyist Kathleen Ham who was also wearing a magenta Jacket which is T-Mobile’s trademarked color.

Interesting enough a federal judge recently ruled in T-Mobile favor and against AT&T and ordered the telecom giant stop using the color magenta or better yet Pantone 676C over fears that it might cause consumers to confuse the two companies.

So, was this just an unfortunate coincidence or a show of solidarity on the FCC commissioner’s part?

At this point so much is unknown but it does bring into question why the CEO of T-Mobile would find it necessary to tweet a photo of his chief lobbyist posing with a FCC commissioner on the heels of the Electronic Frontier Foundation (EFF) ‘blasting’ the company over its practices with ‘Binge-On’ and calling for an FCC investigation over possible violations of the agency’s recent net neutrality rulings.

(BBC) In tests, the EFF found video download speeds were slower when Binge On was enabled

 

The EFF isn’t the only group accusing the telecom giant of scrupulous business practices when it comes to BingeOn which T-Mobile claims its offering ‘unlimited’ bandwidth to users on Hulu, NetFlix, HBO, Ustream, ESPN and others.

Recently Google accused the T-Mobile of throttling it’s parent company YouTube’s videos and lowering their resolution, even though Google/YouTube doesn’t agreement with T-Mobile and is not included with the Binge On lineup.

In response, an unnamed T-Mobile rep told DSLReports that “Using the term ‘throttle’ is misleading,”, the rep went on to say that they are ‘optimizing’ videos for mobile devices.

“We aren’t slowing down YouTube or any other site. In fact, because video is optimized for mobile devices, streaming from these sites should be just as fast, if not faster than before. A better phrase is ‘mobile optimized’ or a less flattering ‘downgraded’ is also accurate.” — Unnamed T-Mobile Representative (DSLReports)

I did ask the CEO of T-Mobile and the FCC Commissioner via twitter to comment on our concerns about possible conflict of interest but so far they have not responded.

What remains to be seen is if T-Mobile is indeed violating the FCC’s net neutrality rules as articles by Consumerist, Slate and the BBC seem to suggest, if they will face any fines or other penalties from FCC.

Update (9:18PM): JohnLegere has since deleted his original tweet and re-posted it, we’ve updated the article to include the updated tweet.

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