T-Mobile is jumping on the Pokémon Go bandwagon, announcing that it will zero-rate mobile data tied to the wildly popular mobile/augmented reality game starting next Tuesday (July 19) for a full year.

That’s one on Pokémon Go-related perk that T-Mobile is teeing up for its next “T-Mobile Tuesday” promotion.

RELATED: Sen. Franken Takes Aim at ‘Pokémon Go’

In addition to providing free, unlimited data on Pokémon Go for a year, T-Mobile is also offering free Lyft rides of up to $15 to get customers to a new PokéStop or Gym, a free Wendy’s Frosty for those “hunting” trips, plus a 50% discount on select accessories, including portable power packs.

Interested customers can redeem those offers by downloading the T-Mobile Tuesdays app.

T-Mobile CEO John Legere share the news on Twitter...

Ready to catch them all!? #TMobileTuesdays is giving you unlimited data use for #PokémonGo! https://t.co/NrFAxW3KYqpic.twitter.com/pPXxezGV0r

— John Legere (@JohnLegere) July 14, 2016

In addition to pushing the latest offer amid the rapid rise of Pokémon Go, which is already attracting a record 21 million daily users in the U.S., T-Mobile’s latest promo also enters play as the FCC and its chairman, Tom Wheeler, continue to vet information about zero rating plans and how they square with the Commission’s network neutrality rules. T-Mobile, which exempts data for more bandwidth-intensive video apps that are part of its Binge On program, has long-held that the use of zero-rating is well within those rules.

YipTV said it has joined Binge On, T-Mobile’s controversial optional service that delivers mobile video in 480p resolution and  zero-rates the streams of its growing list of OTT partners.

YipTV is a no-contract OTT-TV offering launched last May that’s focused on Spanish-language video and features plans from more than 100 international and domestic live TV channels.

In addition to smartphones, YipTV supports several other streaming platforms, including the Google Chromecast, Web browsers and Apple TV boxes.

“T-Mobile is aligning itself nicely with OTT broadband services and mobile cable operators like us as a result of its new, very flexible approach to data and mobile usage,” said Mike Tribolet, co-founder and CEO of YipTV, in a statement.

YipTV joins a growing list of Binge On partners, including YouTube, Hulu, Netflix, Starz, HBO, Showtime, Vudu, Sling TV, A&E, Lifetime, History, PlayStation Vue, Tennis Channel Anywhere, FuboTV, Kidoodle TV, CuriosityStream, Univision Now and WWE Network, among others.

The FCC is investigating new zero-rated services in relation to the commission’s new open Internet rules.

Netflix confirmed Thursday that it’s working on a “data saver feature” for mobile apps following a report in The Wall Street Journal about a policy in which Netflix reduced the quality of video delivered on AT&T and Verizon cellular networks, but not on those operated by T-Mobile or Sprint because the latter have historically implemented sed “more consumer-friendly policies.”

AT&T said it was “outraged” by it, claiming it was akin to “throttling” those streams without consumer  consent.

Netflix is a supporter of Binge On, T-Mobile’s optional video optimization service that limits streams to 480p and exempts partner traffic from its data-usage policies. T-Mobile recently adjusted its policy to provide more info on the option and an easier way for subs to toggle the service on and off, moves that Google and YouTube approved of after originally railing against the  Binge On program over claims that it was throttling its streams.

Sprint used to throttle the streams of heavy users, but stopped that practice last year after the policy came under fire.

In a blog post, Netflix official Anne Marie Squeo announced that Netflix would soon “give members more control over their Netflix experience,” as the OTT provider aimed to introduce a new data saver feature that is “on track” to become available to Netflix subs sometime in May that will let them adjust their data consumption settings.

“So in an effort to protect our members from overage charges when they exceed mobile data caps, our default bitrate for viewing over mobile networks has been capped globally at 600 kilobits per second,” she wrote. “It’s about striking a balance that ensures a good streaming experience while avoiding unplanned fines from mobile providers.”

She said Netflix’s research showed that “many members worry about exceeding their mobile data cap, and don’t need the same resolution on their mobile phone as on a large screen TV to enjoy shows and movies. However, we recognize some members may be less sensitive to data caps or subscribe to mobile data plans from carriers that don’t levy penalties for exceeding caps.”

More details about the feature will be shared closer to launch, she said.

The matter heated up last week when T-Mobile CEO John Legere called out AT&T and  Verizon for throttling video, and Verizon shot back with a statement that his assertion was “dopey” and “has no basis in fact at all.”

Amid the latest news, which found that it was Netflix, not AT&T and Verizon, that were limiting the video streams, Legere weighed in with a Periscope video in which stirred the pot again by wondering if AT&T and Verizon were being evasive on the subject. “No one has accused AT&T and Verizon of ‘throttling,’ but did they knowingly have this…and not tell customers?” he asked.

About 81%  of all U.S. smartphone users now use those gadgets to stream video, The NPD Group found in its new Connected Intelligence Smartphone and Tablet Usage Report, which based its findings via an opt-in panel.

As might be expected, usage is driven by users who are 25 years and younger who spend twice as much time watching on YouTube and Netflix mobile apps versus those who are older than 25 (see chart).

NPD said the younger set in the study consumes, on average, 6.2 gigabytes of data (cellular and WiFi) for video streaming purposes each month. By comparison, the older group averages 4.9 GB.

And while most of that video streaming happens over WiFi, NPD  Smartmeter, an opt-in metering app that tracks live smartphone and tablet usage, found that the average U.S. smartphone user consumes nearly 3 GB of cellular data per month, with video streaming as the top app driving that consumption.

That trend bodes well for new zero-rated video services from companies such as T-Mobile (Binge On) and Verizon (FreeBee Data). 

“Users are spending more time watching videos on their smartphones than ever before, as the adoption of smartphones that boast larger displays increases,” Brad Akyuz, NPD Connected Intelligence Mobility practice research director, said in a statement. “This mobile streaming behavior is further bolstered by the new offerings of wireless operators, such as T-Mobile’s Binge On and Verizon Wireless’ go90, which run on free sponsored data.” 

After claiming that Binge On, T-Mobile’s new optional service that delivers video in 480p resolution and  zero-rates the streams of dozens of OTT partners, was akin to “throttling,” YouTube has partnered up after T-Mobile altered some elements of the program.

In a blog post about YouTube’s decision to join Binge On, Christian Kleinerman, product management director at YouTube acknowledged that the initial implementation of T-Mobile’s program “raised questions from both users and video services, including YouTube” and that it though users needed more help understanding how the program worked.

YouTube, Kleinerman said, has agreed to join the program after T-Mobile improved “notice and choice for users,” including an easier way to toggle the service on and off (they can switch settings via an SMS short code and with two clicks from the T-Mobile app and one click from the my.tmobile.com site, for instance).

“Any user can toggle Binge On off and on, and the change will take effect within minutes -- which significantly improves the user experience,” Kleinerman noted.

YouTube has also had issues that video services weren’t given a choice whether their streams would be managed by T-Mobile if they didn’t join the program.

“Going forward, any video service meeting traffic-identification requirements will be able to opt-out, and T-Mobile will stop including them in the Binge On program and will no longer modify their video streams,” the YouTube exec said, adding that T-Mobile will also be working with video services that want to optimize their own streams using an average data rate limit.

As a result, he said, YouTube as well as Google Play Movies and TV are both participating in Binge On, meaning those streams won’t count against data caps for users who have the option enabled.

T-Mobile shed more light on these new policies, noting that video providers that want to exclude their content from Binge On need to email the company (bingeon@t-mobile.com) and “meet straightforward technical criteria” that lets T-Mobile can identify their video streams reliably.

T-Mobile also confirmed that it’s working with OTT providers to enable them to manage their own video streams. “Instead of T-Mobile’s systems optimizing video, the video provider will automatically stream a mobile-optimized video when a T-Mobile customer with Binge On activated begins streaming.” YouTube is one of the first to use this option, it said.

T-Mobile, which has steadfastly maintained that Binge On falls within the scope of the FCC’s new open Internet rules since launching it last November, also announced several new partners for the program: Baeble Music, Discovery GO, ESNE TV, FilmOn.TV, Fox Business, KlowdTV, and Red Bull TV.

The wireless services provider said more than 50 video providers are on board with Binge On, and that more than 57 million gigabits (or 57 petabytes) of data has been streamed without counting toward data caps.

Others Binge On supporters include Hulu, Netflix, Starz, HBO, Showtime, Vudu, Sling TV, A&E, Lifetime, History, PlayStation Vue, Tennis Channel Anywhere, FuboTV, Kidoodle TV, Curiosity Stream, Fandor, Newsy, ODK Media, and Lifetime Movie Club. The full list is available here.

WASHINGTON — Depending on who’s doing the talking, zero-rating plans are either potentially anti-competitive violations of the Federal Communications Commission’s new network-neutrality rules or an innovative business plan that could help drive broadband adoption and benefit low-income Web users.

But the key to the future of those toll-free or sponsored data plans, which are becoming increasingly attractive, is what the FCC decides they are after it completes an inquiry into the practice.

The FCC is still vetting the information it requested in December from major Internet-service providers — the mid-January deadline for data in the inquiry was pushed back by Winter Storm Jonas, which buried the nation’s capital.

The inquiry appeared to be a reaction to pressure from zero-rating plan critics after FCC chairman Tom Wheeler in November praised T-Mobile’s new “Binge On” offering, which allows the mobile phone provider’s subscribers to access video from certain providers without it counting against subscriber data caps, as just the type of innovation the FCC’s new Open Internet order would not discourage.

When Wheeler seemed to backtrack on that praise and said the agency wanted more information about Binge On, Comcast’s Stream TV service and AT&T’s sponsored data plans, AT&T responded, “We remain committed to innovation without permission, and hope the FCC is too.”

AN INQUIRY, NOT A FIAT

Wheeler insisted two weeks ago that the FCC’s inquiry was merely that, telling reporters he had not sat in on any of the meetings, nor had any of the members of his staff.

But the chairman controls the agency’s bureaus, Republican commissioner Michael O’Rielly countered. “We do all know that the bureaus are at his discretion because otherwise, I would get a lot more information,” O’Rielly said.

O’Rielly said he is still trying to find out more information about the inquiry, but said that he was troubled by the direction in which the FCC was heading. He said he was troubled by the “mother may I” approach of the agency’s having to bless — or reject — new business models. That was concerned him about the net-neutrality rules, he said.

The new Open Internet rules do not prevent zero-rating plans, but they do prevent paid prioritization and also give the FCC some wiggle room through a general-conduct standard with which it can essentially review any business practice it thinks might have the effect of favoring some content over others for anti-competitive purposes.

“Because the Internet is always growing and changing, there must be a known standard by which to determine whether new practices are appropriate or not,” Wheeler said back when he proposed the Title II-based rules.

At the Internet Education Foundation’s 12th annual State of the Net conference in Washington two weeks ago, people on both sides of the issue were trying to help the FCC decide.

Roslyn Layton, a visiting fellow at the American Enterprise Institute’s Center for Internet, Communications, and Technology Policy, made the case for why zero rating plans were not the threat to Internet openness that some have claimed.

She said that there is no good or service that is not subject to a differential price and said it was “strange” to her why Internet service would be singled out.

She said the one of the best things about the history of TV, radio and the Internet was that advertisers and sponsors were allowed to lower the cost to end users. That’s a key difference between media industries in the U.S. and Europe, she said, saying Europe’s license-fee model has meant fewer channels and less content.

The Internet also benefits from third-party subsidization, she said, pointing out that edge provider Google effectively zero-rates its search by displaying ads.

One criticism of the FCC’s approach to its new Internet rules is that they target ISPs while leaving edge-provider business practices alone. ISPs aren’t explicitly asking the FCC to regulate the edge, but point out that there are opportunities for edge providers to interrupt the virtuous circle that the FCC appears to gloss over in focusing on regulating ISPs. Wheeler has said edge providers are outside the scope of the rules.

On the other side is Stanford University law professor Barbara Van Schewick. The key to the issue is whether a zero rating plan has the effect of “picking winners and losers online,” she said. The bright-line net neutrality rules are about doing that with technology, via slowing or blocking traffic or by buying a technical advantage for a fee, aka paid prioritization.

Zero-rating is just a different form of favoring some content over others, she argued — via business plan, rather than technical limitations or advantages.

WATCHING FOR ‘COMPETITIVE ADVANTAGE’

Comcast’s Stream TV, for example, was not about subsidizing access, but instead about “giving a competitive advantage to [Comcast’s] own application,” she said. That is a key net-neutrality concern, she said.

Kevin Martin, former FCC chairman and now an attorney for Facebook, which has its own zero-rating program to try and boost basic connectivity, said he didn’t have any problem with the FCC taking a case-by-case approach to vetting business plans under its new rules, but said zero-rating can be beneficial.

Martin signaled the FCC was right to be vetting the plans, but did not throw cable operators under the bus. He said MSOs would argue their customers have already paid for the programming ISPs are zero-rating.

But unlike cable operators, which have issues with the FCC’s case-by-case approach under the general conduct standard, Martin was all for it. “I think an analysis of what’s actually going on with each program is appropriate, and the FCC got that component right,” he said.

Layton argued zero rating plans aren’t just for the big dogs. She said they benefit smaller network providers who can’t compete with larger providers in terms of speed, but need another way to differentiate themselves.

Verizon has begun to zero-rate streaming of go90 content for postpaid customers when they are connected to the mobile carrier’s LTE network.

That’s according to a new customer agreement distributed this week by Verizon, caught first by DSL Reports.

“Beginning on or about February 4, 2016, if you are a Verizon Wireless post-paid customer and you download the current version of go90 (release 1.4), you can watch any video on go90 without incurring Verizon Wireless data usage charges so long as you are connected to LTE," the agreement states. "Other activity that does not involve watching videos, such as downloading go90 from an app store, browsing or searching for shows, posting comments, sharing clips and viewing settings will incur data usage charges.”

Verizon, which launched the ad-supported go90 OTT service in October 2015, has already been experimenting with zero-rated policies that have gotten the attention of network neutrality advocates. Last month, it began to test FreeBee Data, a sponsored service that is exempt from mobile data-usage policies.

The current go90 agreement also makes note that Verizon may also offer  “promotions and/or plans that allow you to watch some or all go90 Content without incurring data use charges” from Verizon and other wireless providers.

Update: Verizon told Re/code that the new policy for go90 does “take advantage of Verizon’s FreeBeeData 360 service, which allows them to pay for customer’s data usage associated with watching videos on the Go90 app….“FreeBee Data 360 is an open, non-exclusive service available to other content providers on a non-discriminatory basis. Any interested content provider can use FreeBee Data 360 to expand their audiences by giving consumers the opportunity to enjoy their content without incurring data charges.”

Those data usage costs, the carrier added, “falls to Go90 and we wanted to give our users an opportunity to watch everything in the app without it counting against their data plans.”

Verizon's FreeBee approach followed the launch of “Binge On” from T-Mobile, which uses a proprietary, bandwidth-efficient encoding system that delivers mobile video in 480p format (DVD quality), and zero-rates streams from several content partners, including Netflix, HBO, Starz, Sling TV, and Hulu. AT&T, meanwhile, has dropped hints that it is evaluating sponsored-data services.

Verizon gave the FCC the heads up about FreeBee Data prior to the launch of the sponsored-data offering. The FCC, which will take a case-by-case approach on new sponsored-data and zero-rated policies and services, noted that it "will continue to communicate with the company [Verizon, in this instance] on this issue.”

 In the meantime, the FCC is on a fact-finding mission for services such as Comcast’s "Stream" IPTV service, an in-home, managed IP-based service tailored for cord-cutters that’s not delivered “over-the-top” and, therefore, not tied into the MSO’s usage-based broadband data trials, as well as T-Mobile’s Binge On service.

T-Mobile presented new stats indicating that Binge On is a hit with customers while also announcing a handful of new partners have joined the zero-rated service: Amazon Video, Fox News, Univision NOW (Univision’s recently launched subscription OTT service), and WWE Network.

Binge On, an optional service launched about three months ago, exempts streams from partnered OTT services from T-Mobile’s data-usage plans, and uses a proprietary, bandwidth-efficient encoding scheme that delivers video at resolutions at up to 480p. More than 40 partners are involved, including Netflix, HBO Now, Hulu, Showtime, Starz and Sling TV.

As usage goes, T-Mobile said customers on qualified data plans are watching more than twice the video than before via Binge On. The company added that one unnamed partner has seen a 79% increase in daily views since Binge On was introduced, and that its customers have streamed 35 petabytes of data for “free” so far, claiming that it’s equivalent to more than 109 million episodes of Game of Thrones (at DVD quality).

T-Mobile also introduced new “short codes” to change settings and to toggle the Binge On  service on or off (#BOF# (#263#) to turn it off,  and #BON# (#266#) to turn on Binge On).

Among other U.S. wireless carriers, Verizon Communications has since introduced FreeBee Data, a sponsored-data service, and AT&T has hinted that it’s looking into similar, sponsored-data offers.

Zero-rated and sponsored data offerings have been criticized by network neutrality advocates and by Google over claims that Binge On is “throttling” YouTube streams, but T-Mobile has been adamant that its approach isn’t throttling and is well within the FCC’s guidelines.

RELATED:Netflix Eclipses 75M Subs Worldwide | Netflix’s Sarandos Returns Landgraf’s Fire

Netflix CEO Reed Hastings volunteered on the OTT giant’s Q4 earnings interview Tuesday (Jan. 19) that Charter Communications’s pending acquisition of Time Warner Cable would represent a “tremendous positive” for the over-the-top video industry.

That of course was in reference in part to Charter’s current settlement-free peering policy, and its pledge to extend that policy to the systems it’s poised to acquire from Time Warner Cable and Bright House Networks. Netflix, which has already offered support for the deals, notably operates in a paid peering model with TWC, with Bright House benefiting from the TWC-Netflix agreement. Netflix also has paid peering deals with Comcast, Verizon Communications and AT&T. 

Charter's proposals represent a “huge step forward for U.S. policy [with respect] to OTT,” Hastings said.

Hastings was also asked if Netflix plans to partner up with FreeBee Data, Verizon’s new “sponsored” mobile data service that the carrier is testing, and follow the path the OTT provider has taken with T-Mobile’s Binge On service.

“We don’t know enough about FreeBee,” Hastings said, but did have some praise for Binge On, when later asked how the policy backing that service differs from some of the usage-based policies being tested by ISPs such as Comcast.

 “It’s voluntary on the customer,” Hastings said of Binge On. “It’s an open, no-charge program…We hope those kinds of programs expand.”

Netflix is seeing a “great reception among our users” to Binge On, he said earlier, noting that the quality of Binge On streams (limited to 480p) is “very, very good” when viewed on a four-to-five-inch smartphone screen. 

On the international front, Hastings said Netflix will be patient with respect to China, a market that’s currently absent from Netflix’s launch list and presents challenges for Netflix and other content providers with respect to censorship and other restrictions.

“There are issues conforming to those local standards,” Hastings said, warning that discussions about Netflix’s possible entry into China could take many years “or it could be faster than that.”

“We should be very patient,” he said of the Chinese market. “We’re in no hurry.”

Netflix also addressed its crackdown on VPN and proxy users that enable viewers to access geo-restricted portions of Netflix’s catalog.

Hastings said it’s “perfectly reasonable” for content owners to want Netflix to enlist new countermeasures.

While Netflix’s original content has global distribution rights, the company is endeavoring to make all of its content accessible in all markets, content chief Ted Sarandos said, calling piracy and geo-filtering “distance cousins” because one side (piracy) hacks in not to pay, while VPN/proxy users hack to pay, but try to gain access to a library they’re not entitled to. 

John Legere served up a slice of humble pie Monday in the form of an open letter in which the outspoken T-Mobile CEO apologized for some disrespectful remarks directed to the Electronic Frontier Foundation (EFF) while remaining steadfast in a position that T-Mobile’s new and optional zero-rated Binge On streaming offering “absolutely supports Net Neutrality.”

Legere stirred things up last week when using Periscope to conduct a Q&A about Binge On. EFF asked if Binge On alters streams or just limits its bandwidth.  Legere offered some details and then said:  “Who the f*** are you, anyway, EFF? Why are you stirring up so much trouble, and who pays you?"

That didn’t go over well with members of EFF, and caused Sidefuse, the company behind 4Stream.TV, to announce that it was dropping out of the Binge On program.

Legere’s letter lists out some details about Binge On before this apologetic passage:

“Look, by now you know that I am a vocal, animated and sometimes foul mouthed CEO.  I don’t filter myself and you know that no one at T-Mobile filters me either (no, they don’t even try).  That means I will sometimes incite a bit of a ‘social media riot’, but I’m not going to apologize for that.

“I will however apologize for offending EFF and its supporters. Just because we don’t completely agree on all aspects of Binge On doesn’t mean I don’t see how they fight for consumers.  We both agree that it is important to protect consumers' rights and to give consumers value.  We have that in common, so more power to them.  As I mentioned last week, we look forward to sitting down and talking with the EFF and that is a step we will definitely take.  Unfortunately, my color commentary from last week is now drowning out the real value of Binge On – so hopefully this letter will help make that clear again.”

Earlier in the letter, Legere said T-Mobile “absolutely supports Net Neutrality and we believe in an open and free Internet, noting that the company developed the proprietary Binge On system (it zero-rates streams at DVD-like 480p quality) to help customers “stretch their data bucket.”  

He also reiterated that customers can turn off Binge On to stream and HD and flip it back on after.  When Binge On is active, streaming from partners such as Crackle, Curiosity Stream, Sling TV, Hulu, Starz, HBO Now,  etflix and several others, don’t count against a T-Mobile customer’s monthly data usage, but streams from others, such as YouTube, which has criticized the program over “throttling” claims, are also delivered via the mobile provider’s proprietary system.

T-Mobile countered that Binge On doesn’t throttle video streams, but told DSL Reports that it thinks “[a]  better phrase is ‘mobile optimized’ or a less flattering ‘downgraded’ is also accurate."

Semantics aside, Binge On, Legere held in the open letter, is “a VERY ‘pro’ net neutrality capability -- you can turn it on and off in your MyTMobile account – whenever you want.  Turn it on and off at will.  Customers are in control.  Not T-Mobile.  Not content providers.  Customers. At all times.”

AT&T said it has introduced a new unlimited wireless data plan for new and existing TV subs, including those coming way of DirecTV, the satellite TV giant AT&T acquired in July 2015.

The new plan, available starting Tuesday (Jan. 12), is available to new and existing AT&T residential wireless customers who have or add DirecTV or U-verse TV service.

The base unlimited plan, which factors in data, talk and text, costs $100 on a smartphone, and customers can add a smartphone or a tablet for $40 per month each (or a smart watch for $10/month), and a fourth smartphone can be added at no additional cost, AT&T said, noting later that the new plan “may be available for a limited time.”

Additionally, new and existing DirecTV and U-verse TV customers who are switch to AT&T wireless are in line for a $500 credit under certain conditions, and AT&T wireless customers who don’t currently get DirecTV service can add a TV package starting at $19.99 per month for a year, if they sign up for a 24-month contract.

Per the fine print, streaming is limited to five shows on five devices at once, and is subject to change at any time.

AT&T is launching the plan as it seeks new ways to bundle wireless and video services following its merger with DirecTV, and as it faces more competition from rivals such as T-Mobile, which is trying to make hay with Binge On, a controversial video streaming offering that is exempt from monthly data caps.

AT&T said the unlimited plan is the first of several “integrated video and mobility offers” it plans to announce in 2016. The carrier added that it plans to launch a wide range of new video entertainment options later this year, but did not elaborate.

“Video traffic continues to grow on our network as fast as ever because people enjoy viewing their favorite video content on their favorite devices,” Ralph de la Vega, CEO of AT&T Mobile and Business Solutions, said in a statement.

And he also took a shot at T-Mobile’s Binge On offering, which uses a proprietary encoding system to deliver zero-rated video to smartphones at 480p: “We’ve got the content consumers want, we’re delivering it to the devices they want, and we’re making it as easy as ever for them to consume as much as they want. And, they will get a high-quality video streaming experience from the start. No compromises in video quality.”

T-Mobile CEO John Legere has apparently stirred up a hornet’s nest.

Binge On, the company’s new zero-rated streaming option, was already a topic of debate among network neutrality advocates, but now the mobile provider is receiving a bigger dose of vitriol after Legere went after the Electronic Frontier Foundation with an expletive-laced answer via Periscope when the Internet-savvy group asked him if Binge On alters streams or just limits its bandwidth.

Legere first responded by explaining a bit about the proprietary tech behind Binge On, then in “part B” of his answer he added a disrespectful: “Who the f*** are you, anyway, EFF? Why are you stirring up so much trouble, and who pays you?"

That got a nasty response from the Twitterverse (with EFF urging people to "enlighten" the exec using the #WeAreEFF hashtag. Legere did tweet this: “Let me be clear- I know who the @EFF is. I’m sure they do a lot of great things for a lot of consumers, but innovation can be controversial!”

He then added: “This is not a personal campaign against @EFF – It’s simply a topic in a broader conversation about customer choice, which I’m fighting for.”

But apparently some of the damage was done.

As Ars Technica reported,  Sidefuse, the company behind 4Stream.TV, said it is backing out of the Binge On program in the wake of Legere’s comments. Binge On, an optional offering, zero-rates certain streaming services (meaning they don’t count against a user’s monthly data cap) and utilizes a proprietary platform that offers  quality of 480p or better.  When the option is turned on, it also applies that technology to other video streams delivered outside the Binge On group, but that traffic is not zero-rated.

Sidefuse tweeted the contents of its letter sent to T-Mobile, which starts out: "In light of recent events and of comments made by your CEO, John Legere, we have decided to halt our participation in Binge On and disable our traffic shaping rules for the time being…As network neutrality supports and EFF Members, we encourage you to be more honest and transparent about the issue and develop a program that we can be proud to participate in.”

As Ars Technica points out, 4Stream.TV hasn’t been among the others that are participating in the Binge On program, but that it was working with the mobile operator on how to meet its technical requirements on behalf of its clients.  T-Mobile announced it had added several more partners this week, including A&E, Lifetime, History, PlayStation Vue, Tennis Channel Anywhere, FuboTV, and Curiosity Stream, among others.

Legere also explained why Binge On is opt-out, rather than opt-in: “We wanted all customers to be able to have this benefit immediately without making them jump through hoops,” adding that T-Mobile made it easy for them to opt-out.

Legere’s comments to the EFF’s question have created new wave of criticism about Binge On, though time will tell if the program will be formally vetted to see if it violates the FCC’s net neutrality rules. T-Mobile has been resolute in saying that its new, optional program is well within the bounds.

FCC Chairman Tom Wheeler has already praised Binge On as “highly innovative and highly competitive,” but added that the Commission will monitor the program under the Open Internet rules’s “general conduct” standard, which enables the FCC to review things on a case-by-case basis.

T-Mobile said more than 50 video streaming services have lined up to join the company’s controversial (but optional) zero-rated Binge On streaming program that delivers video at DVD quality (480p or better) without counting against the mobile subscriber’s monthly data caps using a bandwidth-saving proprietary adaptive bit rate system.  

T-Mobile launched Binge On last November with partners that included Hulu, Netflix, Starz, HBO, Showtime, Vudu and Sling TV, among others. T-Mobile said 38 are now formally on board following the recent additions of A&E, Lifetime, History, PlayStation Vue, Tennis Channel Anywhere, FuboTV, Kidoodle TV, Curiosity Stream, Fandor, Newsy, ODK Media, Lifetime Movie Club, and FYI, among others. The full list is available here.

During Binge On’s early days, video streaming via  T-Mobile is up 12%, with “one popular service” seeing a 66% bump in daily viewers who are watching 23% longer on average the provider said.

Amid criticism from network neutrality advocates and OTT providers such as YouTube, which claims that T-Mobile’s approach is akin to “throttling,” T-Mobile has steadfastly maintained that Binge On falls within the scope of the FCC’s new open Internet rules.

T-Mobile CEO and president John Legere addressed the recent rash of criticism about Binge On in a blog post and via an accompanying video (see below). “There are people out there saying we’re ‘throttling.’” He wrote. “They’re playing semantics! Binge On does NOT permanently slow down data nor remove customer control.”

Binge On, T-Mobile’s proprietary streaming offering that doesn’t count against mobile usage caps that also happens to tie into the Word of the Year, bolted from the blocks with about two dozen partners, including must-haves like Netflix alongside some mocking support for Verizon’s go90.

But there were plenty that are notably absent, including YouTube and Amazon. That could change if the technical and integration stars align.

Regarding YouTube, “We’d love to have them in. We’re in discussions,” Mike Sievert, T-Mobile's chief operating officer said at last week’s “UncarrierX” event. “We’re going to work really hard to do the technical integration with YouTube and every other site out there that wants to take part.

“Our doors are wide open,” he added later.

Does YouTube want to take part? I’ve asked, but have yet to get a response.

T-Mobile spent some time explaining the program, which uses a proprietary system to deliver streaming video at resolutions of at least 480p, which provides DVD-like quality.

Neville Ray, CTO of T-Mobile US, said the company has done a “ton of work” on the ingress points into the network and “unique” packet gateways that allow the operator to identify video content. While connecting partners into the program sometimes requires some special integration, he stressed that T-Mobile doesn’t need to know what the content is, just that it’s video.

T-Mobile also reasons that 480p is plenty good for mobile screens, but notes that consumers can turn the option off to get content in HD, though that content would count against the cap. The mobile provider also expects that consumers will use WiFi, when available, to stream to devices, anyway.

As for Binge On’s resolution, 480p is a starting point and provides “great experience” on a smartphone, Ray said, noting that the company will continue to further improve and optimize streaming for Binge On.

T-Mobile CEO John Legere  urged consumers and industry-watchers to avoid getting “hung up on 480p…Get hung up on [that the platform is] going to give you DVD quality of better.”

Ray also reiterated T-Mobile’s stance that Binge On does not violate network neutrality rules. “There’s no prioritization here at all. This is all about optimization of video.”

By removing the overhead to reduce the amount of bits required to stream video, the approach is consumer friendly, and it’s also network-friendly, too.”

Legere was also asked if offering a free streaming offering that did not eat into data plans was bad for investors. Predictably, he thinks it’s the opposite, arguing that there’s a business case to support T-Mobile’s approach with Binge On (in part because it could add subs).

What T-Mobile didn’t shout about at the event was that it raised the price of its unlimited data plan by $15 – to $95 per month – for new subscribers.

Predictably, some of T-Mobile’s competitors wonder if T-Mobile’s approach with Binge On could backfire, and end up congesting its network.

 “The word ‘binge’ is very apropos,” Sprint CFO Tarek Robbiati said at last week’s Wells Fargo event. “It looks like a hangover is going to come at some point.”

T-Mobile is taking aim at data caps and overage fees with Binge On, a zero-rated video offering that lets most of its customers view video for free using optimized streams from about two dozen partners, including Hulu, Starz, HBO, Showtime and  Sling TV.

It’s “completely in line" with those rules, company president and CEO John Legere said Tuesday at the company’s “UncarrierX” event, noting that no money is changing hands, the program is available to anyone, and customers can turn the feature on or off. Binge On, he declared, is “highly network-neutrality friendly.”

Binge On will officially be unleashed this Sunday (November 15), and will be available to all current and new subs T-Mobile’s qualified Simple Choice plans. Free video streaming from T-Mobile’s partners will be available to customer on data plans that provide at least 3 gigabytes of data per month. 

The initial batch of providers that work with the Binge On technology include Netflix HBO Now, HBO Go, Hulu, Sling TV, Slingbox, ESPN, Showime, Starz (including Movieplex and Encore), T-Mobile TV, Vevo, Vessel, Univision Deportes, Major League Baseball, go90, DirecTV, Fox Sports, Fox Sports Go, NBC Sports, Crackle, Vudu and Ustream.

T-Mobile has also integrated its Binge On system to support content from go90, offered by rival Verizon Communications, and video apps from DirecTV (now part of AT&T)  “just because we can,” Legere said.

T-Mobile also announced that customers on qualified plans can get a seven-day free trial of Sling TV, and 30% off on subscription’s to the OTT-TV’s core package for 12 months. Those customers will get Sling TV’s primary offering for $14 per month. 

T-Mobile is supporting Binge On content with a new proprietary video streaming optimization technology that delivers “DVD or better” quality (480p or better). That technology, the company said, will also allow customers on its Simple Choice data plans to watch three times more video via their data plans. 

Legere, who declared it “Data Day,” said video has been a “huge pain point” for mobile, as a “big portion of data [is] needlessly wasted.”

Public Knowledge, which is no fan of zero rating plans, had a hard time hammering T-Mobile, one of the poster-companies for competition to the Big Two--Verizon and AT&T, but was clearly not a fan of the move.

"Turning the mobile Internet into a carrier-controlled walled garden is ultimately a bad idea for consumers, for all online services (even those included in T-Mobile’s zero-rating today), and for the wireless industry as a whole," it said in a statement. "In the name of competing with AT&T, Verizon, and Sprint, T-Mobile should not take steps that could have such troubling competitive implications."

T-Mobile, however, believes its approach is good for competiton.

“This is all about innovation; it’s all about competition, it’s about consumer choice,” Neville Ray, T-Mobile US’s CTO, said at the event. “And if net neutrality is not about all of those things, what’s it all about? I think there’s very little to be concerned with what we’re doing here. This is liberating, not a contraint." 

Legere said the topic remains ripe for debate. 

“Network neutrality has been a topic of fear for many people,” he said. “They fear that this treasure of the internet is going to be taken away by big companies using it, preferentially to their advantage for reaping profits, which is completely the opposite of everything we do at T-Mobile.”