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It took me more than two minutes just to load this forum posting page. That's how bad they throttle it. I have filed a complaint with CCTS. To summarise, at least according to the kid I spoke with, tethering and any downloading (not just p2p) is sufficient reason for mobilicity to throttle or even cancel your service since these are considered ToS violations, specifically sections 4.(2)(a) and 4.(3) of ToS. For more details:

Name: H Trab

Telecommunications Service Provider (TSP): Mobilicity

Line of Business: Internet Access Services

Are your services being provided to you personally or your small business?
Personal

Nature of Complaint: Contract dispute (compliance with terms and commitments)

Did you attempt to resolve this complaint with your Service Provider? Yes

Are any other organizations which have the authority to compensate a customer for losses currently helping you to resolve this complaint? No

E-mail Address: [email protected]

Account Number or Telephone Number associated with the service(s) that are the subject of your complaint: 613709***X

Contact Number (daytime 9am – 5pm EST): 613709***X

Evening Number:

Mobile Number:

Service Address:

Ottawa, Ontario

Complaint Details:

Date the contract began: 2011-11-24

Date you became aware of the dispute: 2011-12-17

Details of the contract dispute:

Since I signed up for mobilicity service, my data connection speed has been 2-2.5Mbs down and 0.25-0.5 up. It was not very stable, which I suppose one would expect from a wireless connection. This afternoon, after downloading an anti-virus program, I noticed the connection slow down to a practical stop. I ran a speed test (speedtest.net) and discovered my speed had been reduced to 0.11Mbps down and 0.12Mbps up.

When I signed up for the mobilicity data service, I specifically asked if it was unlimited and if I could tether using the service. The sales agent at the mobilicity store at *** Rideau Street in Ottawa, Ontario made a point of telling me that unlike the other so-called unlimited wireless data service (WIND) mobilicity was truly unlimited and that tethering was not a problem. I had no reason to doubt him as this was the information available on a number of internet forums discussing wireless mobile service in Canada.

What steps did you take to resolve the matter with your TSP? (please be as specific as possible and provide dates where possible.):

I called mobilicity customer support at 4:33 PM on December 17, 2011 to inquire.

What did your TSP say/do?

I first spoke with <name withheld>. I told her what the problem was, the dramatic drop in data connection speed that practically rendered my connection unusable. She informed me that mobilicity had a right to reduce speed according to its fair use policy. I asked her if she could point me to where it says so, since this was contrary to the information I had been provided when I signed up for the service. She placed me on hold to speak to a supervisor and when she returned directed me to a "Terms and Conditions" link at the bottom of the mobilicity main web page (http://mobilicity.ca/uploads/pdfs/se...conditions.pdf). I asked her where the terms she was referring to were, and she pointed me to Section 4, paragraph (3), which indicates mobilicity may "suspend, block, limit," etc its service if one violates the fair use policy outlined in Section 4. I asked her to tell me which if any of the conditions, (a) thru (i) in paragraph (2), I had violated. She once again asked to place me on hold to speak to the supervisor, at which point I asked her to just transfer me to him.

I then spoke with <name withheld>. I informed him of what the previous rep had told me and requested that he clarify exactly why my service had been throttled to the point of being unusable. He cited condition (a) in Section 4, paragraph (2), specifically, that I was "causing network instability". When I asked him to clarify, he asked me what I had been doing before I noticed the speed slow down. Not that it was any of his business, but I told him I had finished downloading a 50Mb file (anti-virus program). He indicated that would be a source of network instability, the use of peer-to-peer file-sharing programs. I told him that the program had been downloaded off the web and that his assertion was wrong, and inappropriate. He then asked me if I used my phone for tethering, to which I replied asking if he was implying I could not. He indicated tethering caused network instability and could justify limiting or suspending service.

What do you consider to be a reasonable resolution to your dispute?

I request mobilicity either stop this nonsense or clarify its terms.
 

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From their FAQ regarding data:

Within the Mobilicity unlimited coverage area, unlimited data provides you 24/7 access to your favourite mobile internet sites including social networking, email, and wherever else you want to browse. Do what you want, and never count a kilobyte. Mobilicity will be shaping traffic. Our data services are designed to give all customers equal access to data bandwidth. If you are using data intensive services like video streaming, radio streaming, accessing large files, you may notice your service slowing down.
While it's unfortunate the sales rep may have given misleading information, I doubt the CCTS will investigate a data throttling claim since they post this info on the site. The FAQ also indicates tethering is allowed, but that there can be slowdowns as well.
 

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From their FAQ regarding data:



While it's unfortunate the sales rep may have given misleading information, I doubt the CCTS will investigate a data throttling claim since they post this info on the site. The FAQ also indicates tethering is allowed, but that there can be slowdowns as well.
From the page advertising their data plans:

our data add-on is truly unlimited. Use as much as you want, download all month long... your laptop or desktop computer can have unlimited wireless internet access on Mobilicity's 3G network
No asterisks or indication as to which sites or what type of content you are or are not allowed to access lest they throttle your connection to the point of rendering it unusable, like 0.1Mbps. A bandwidth cap, a connection speed throttle or any other means applied to restrict or 'limit' the amount one could download in a given period, all effectively defeat the stated 'unlimited' nature of the plan(s).

As to your point, CCTS investigates all complaints that fall under its mandate. There are a number of questions you have to answer before you are allowed to post a complaint in order to filter out ones that fail on that front. Regardless of whether CCTS ultimately takes action, companies only pay attention when customers formally take action. Why do you think WIND finally came around to admitting that their 'Unlimited' plan really wasn't and changed their advertising to clarify that customers only get the first '10Gb/mo full speed'? In that case it was a win-win for the company and customers: the company doubled its soft cap and customers were provided clear info up front about what they were signing up for.
 

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Shame Mobilicity's throttling now, too. That was one of the few reasons people chose them over Wind. Now with a smaller footprint AND throttling, they may be shooting themselves in the foot.

And btw, Wind's data was advertised as 'throttling may apply after 5GB' even when I signed up - that was in March 2010. Whether people actually read what the * meant and the terms of use is another story. (they've since put it in real print)
The 10GB addition only just came around in the past two months or so.
 

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No asterisks or indication as to which sites or what type of content you are or are not allowed to access lest they throttle your connection to the point of rendering it unusable, like 0.1Mbps. A bandwidth cap, a connection speed throttle or any other means applied to restrict or 'limit' the amount one could download in a given period, all effectively defeat the stated 'unlimited' nature of the plan(s).
This isn't a new policy though, they've always been clear they engage in traffic shaping, which is not against any CRTC rules.
 
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