3G Network Optimization / Data Throttling

Question

Today I called Verizon Customer service about a data problem I was having.  I noticed over the past 2 days my network connection was slow.  Netflix would buffer constantly and pandora would play for 10 seconds and then buffer for 20.  I spoke to the first representative around 11:50 AM.  She informed me that I was in fact being "Network Optimized" because I was a little over 3gb.  She told me my only options to keep from being "throttled" was to upgrade to a 4g phone or go to a tiered data plan.  I said that that tiered data was out of the questions because I was currently at an unlimited plan.  She then said she could early upgrade me but I would have to pay the price point price of the Galaxy Nexus, $299. She also offered me $10 off each line for 2 months (total of $60). I told her that was also unacceptable because I was basically being told I had to spend more money to use the service I had already.  She said she would talk to her supervisor who was in a meeting and call me back at 2:00 PM EST. 
At 4:00 PM EST I had not received a call from Verizon so I called back in.  I spoke with a CS Rep named Anthony who confirmed all the same things I already knew about data throttling (in the 3 1/2 hours between calls I read up on the situation online).  After pleading my same case to Anthony he told me he could do nothing and I asked to speak to his supervisor, he side stepped this originally and told me he (supervisor) would not be able to do anything either.  I asked again to speak to his supervisor and he obliged.  After holding for about 10 minutes I was speaking with a Supervisor by the name of Brent.  I plead the same exact case and explained to Brent that this was basically extortion by Verizon to force me into either spending money or giving up my unlimited data.  He offered me a $30 discount on a 4G device.  I declined the offer because $30 is nothing.  If I went to my full upgrade date, 4/10/12 I would get $50 off.  I asked to speak to Management... the next step in the chain.  He took my information and we decided a good time for management would be 4:30 PM EST on March 8th.  Today is March 7th. 
I write this so others can see the path and hopefully see some resolution to the situation.  I equated what verizon is doing to me as if my power company called me and said that I had to pay the same amount but I would only get half the amount of power.  Or if my cable company called me and said that, Yes you have unlimited data but we are going to slow down your connection to 25% of what it can do and that I still have to pay the same.  These practices would not be tolerated with your utilities, but for some reason it seems acceptable for my cellular connection.  I'm on business a lot and need my data to be snappy and effective, which it has been in the past.  I have used a lot of data this month (3gb) but have used more before and have never been throttled.  I have read the TOS (Terms of Service) that I signed for our 2 year upgrade last time and see nothing in it in reference to "Network Optimization".  With nothing in the TOS about Network Optimization or Data Throttling Verizon is violating their own TOS by reducing the bandwidth of my connection. 
All I am asking is that either Verizon honor our original agreement and release my account from a throttled down connection, or upgrade me to a 4G phone (Galaxy Nexus) for free.  I only ask the latter due to the fact that the original CS told me that if the released the hold on the data that the system would automatically re-apply it till the end of the current monthly service period.  I will keep you all posted after the call with management tomorrow at 4:30.

Answer 1

Thats not true...  I pulled this from Verizon Policies located at http://support.verizonwireless.com/information/broadband.html
Verizon Wireless uses the following mechanisms to manage network resources.  Both are implemented in a way that is content and user neutral.
If a customer with a 3G device uses an extraordinary amount of data and falls within the top 5% of Verizon Wireless data users, Verizon Wireless may reduce the customer’s data throughput speeds when the customer is connected to a congested cell site for the remainder the customer’s then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand.  Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.
Verizon Wireless has implemented optimization and transcoding technologies in its 3G Ev-DO network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users.  These techniques include caching less data, using less capacity, and sizing video files more appropriately for mobile devices.  The optimization process is agnostic as to the content itself and to the website that provides it.  While Verizon Wireless invests much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on a customer’s device.  For a further, more detailed explanation of the techniques, please visit www.verizonwireless.com/vzwoptimization