AT&T Must Pay $100M for Supposedly Slowing “Unlimited” Data

What do they mean by "Supposedly"? AT&T admitted that they did it and said that the FCC knew about it and said it was OK.

"We will vigorously dispute the FCC’s assertions. The FCC has specifically identified this practice as a legitimate and reasonable way to manage network resources for the benefit of all customers, and has known for years that all of the major carriers use it. "

This was posted yesterday: https://news.ycombinator.com/item?id=9733841