The best AT&T can do is cut you off for traffic trends indicating a push connection to a server; thus making the case that you've violated your T&S.
The real question here is "is this fightable?" Everyone is debating the validity of the extra $15 dollars a month. I contend that AT&T's engineer's know better, and that their management decided to overcharge overusers for an oversubscribed network . Cable carrier's are trying to do the same thing to heavy broadband users. It's the pricing model used for business wide-area network (WAN) connectivity for years. The more you use, the more you pay. The problem here, is that they have very-little monitoring in place (if any) to meter this usage like they do on terrestrial lines.
I think the consensus is they should at a minimum have monitoring in place if they are going to tier their pricing structure. Otherwise, access should be ubiquitous and what they are mandating by policy is akin to fraud.
-jr.
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