I do not believe there is any FCC mandate to throttle users. So, why throttle unlimited users and not those on a finite amount of data? The idea is that those that have a limit will throttle themselves to avoid having to pay overages while those with unlimited data will not. As far as I know, every carrier that still offers unlimited data also throttles only unlimited data users. For whatever reason, ATT has chosen to implement throttling at preset levels of 3GB for 4G users and 5GB for LTE users. Other carriers throttle when they detect network degradation, so unlimited users could get throttled at less than those preset levels or not throttled at all.
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