Two senators propose ban on data caps, blasting ISPs for “predatory” limits

US Senator Ben Ray Lujn wants to ban internet data caps. The Uncap America Act would prohibit predatory data caps that force families to pay high costs and unnecessary fees to access high-speed broadband.

The bill states that a broadband Internet access service provider can't impose a data cap except for the purposes of reasonable network management. The law would require the FCC to regulate the conditions under which a data cap is to be tailored to the purpose of reasonable network management or managing network congestion.

If data caps don't comply with the exceptions, they would be in violation of the Communications Act. Data caps limit participation in the digital economy.

The bill will face a long odds of passing through the Senate and House. If it becomes law, it would likely prohibit the home Internet data caps imposed by Comcast and others, which are clearly for financial reasons and not for network management.

Data caps defined

The Lujn/Booker bill provides a definition of what counts as a data cap, even though the FCC has the final say. A data cap is a limit on the amount of bits or other units of information a customer of a broadband Internet access service provider may download or upload during a period of time specified by the broadband Internet service access provider.

The law would apply to home internet services and mobile data plans as it uses a definition of broadband service in US law that includes mass-market retail service by wire or radio. According to Lujn's office, the FCC could define different rules for different types of connections.

"As internet usage continues to be a necessity for work, education, and health care, no family should have to worry about extra fees and costs because of unnecessary limits on their data," Lujn said. Lujn is a senator.

According to Booker, internet access is a basic necessity and has become more important during the coronaviruses epidemic. Many internet providers impose data caps that make it hard for vulnerable families to access high-speed internet. Providers are not taking advantage of their consumers by imposing predatory data caps is the aim of the UnCap America Act.

Caps called “roundabout way to increase prices”

Consumer Reports is one of the groups that supports the bill.

Data caps are harmful to low-income people. Data caps are rarely needed as an economic matter and are often used to increase prices.

"Americans need fast, reliable, and affordable internet connections that are free from the burden of data caps that chill internet use and make it more expensive," said Consumer Reports Senior Policy Counsel Jonathan Schwantes. "Wherever caps are justified, so be it." We cannot allow internet service providers to maximize profits at the expense of consumers.