Federal Communications Commission

Washington, D.C. 20554

December 16, 2015

Ms. Kathleen Ham

Senior Vice President, Government Affairs
T-Mobile
601 Pennsylvania Aye, NW
Washington, DC 20004

RE: T-Mobile's Binge On program

Dear Ms. Ham,

I am writing to inquire about T-Mobile's Binge On program. As we understand it, Binge On is a
streaming video service available nationwide to T-Mobile customers that subscribe to qualif'ing data
plans with 3 GB or greater of high speed data per month (i.e. the affected customers purchase mobile
broadband Internet access service from T-Mobile). According to T-Mobile's website, Binge On allows
customers to "stream unlimited video FREE on [the customer's] favorite streaming services like Netflix,
Hulu, HBO, Sling, ESPN, Showtime, Starz and more without ever using [the customer's] high speed
data." The T-Mobile website also asserts, "almost all other video streaming is optimized for mobile so
[the customer] watch[es] 3 times more video with [his/her] data plan."2 Binge On "is automatically
enabled" and the customer is "free to disable it at any time, and then enable it again."3
As you may be aware, concerns have been expressed about the Binge On program. For example,
some have argued that the technical requirements of the Binge On program may harm innovation by
"making certain video apps more attractive than others."4 Others have asserted that the reduction of video
quality "has harmed some users."5 On the other hand, T-Mobile argues that Binge On "is not a network
neutrality problem."6
We want to ensure that we have all the facts to understand how this service relates to the
Commission's goal of maintaining a free and open Internet while incentivizing investment and innovation
from all sources. We would also appreciate any additional perspectives that you may have about changes
'Binge On Streaming Video, T-Mobile, http://www.t-mobile.comloffer/binge-on-streaming-video.html (last visited

Dec. 15, 2015).

2

Id.
Id.
Marguerite Reardon, Is T-Mobile 's unlimited video streaming actually good for consumers?, CNET (Nov. 13,
2015), http://www.cnet.comlnews/is4-mobiles-unlimited-video-streaming-service-really-good-for-consumers/ .
Marvin Ammori, T-MobilelsLikely Violating Net Neutrality, Slate (Dec. 15, 2015),
http://www.slate.com/articles/technology/future_tense/2015/1 2/t_mobilesbinge_onprogram likely violates net
neutrality.html.
6 Klint Finley, T-Mobile's Unlimited Video Raises Net Neutrality Concerns, Wired (Nov. 10, 2015),
http://www.wired.com/2015/1 l/t-mobiles-zero-rating!.
3

in the Internet ecosystem as a whole. To assist us in this review, we request that T-Mobile make available
relevant technical and business personnel for discussions about the service with FCC staff no later than
January 15, 2016.
Please contact me with any questions and to arrange mutually agreeable times for conversations
on this topic.

Sincerely,
C SA1/t'4v&A
Roger C. Sherman
Chief, Wireless Telecommunication Bureau
Federal Communications Commission