I was disappointed with that wording too, also no mentioned of the throttled speed in the article I read. As I read it once you are flagged as a top 5% you remain throttled for the rest of the month as it reads. I worry that if I need to use a bunch of data, 400-500MB on the first day of the cycle I make be flagged as top 5%. Though I may only use 2G for for the rest of the month.
But, I may not be affected at all, as that policy targets smart phone plans, I'm not on a smartphone plan. I still use the old MediaNet unlimited plan.
But in the end I think it would be better for them to define hard numbers of the limit and the throttled speed.
On a non-smartphone rant though AT&T changed the charges for off-plan incured data charges. They use to charge by the KB (forget if it was 1,10 or 100 K), now it is by the MB and is $2/MB. My wife never uses internet, but from time to time will bump that stupid MediaNet button and closes it right way. Now that is a $2 mistake if don't once. Before it was almost nothing, maybe 30 cent. I really want a menu option to disable to redefine that MediaNet button.
I know on my SE phone I would load stock ROMs and get many features back that Cingular removed (last phone subsidized phone I got for my self was that long ago, the w810i)