FCC Chair Rosenworcel Proposes to Examine How Data Caps Impact Consumers

Federal Communications Commission Chairwoman Jessica Rosenworcel asked her fellow Commissioners to support a formal Notice of Inquiry to learn more about how broadband providers use data caps on consumer plans. In particular, the agency would like to better understand the current state of data caps, their impact on consumers, and whether the FCC should consider taking action to ensure that data caps do not cause harm to competition or consumers’ ability to access broadband Internet services. Specifically, the Notice of Inquiry would:

• Seek comment to better understand why the use of data caps continues to persist despite increased broadband needs of consumers and providers’ demonstrated technical ability to offer unlimited data plans;
• Seek comment on current trends in consumer data usage;
• Seek comment on the impact of data caps on consumers, consumers’ experience with data caps, how consumers are informed about data caps on service offerings, and how data caps impact competition; and
• Ask about the FCC’s legal authority to take actions regarding data caps.

The FCC also opened a new portal for consumers to share how data caps have affected them here: fcc.gov/datacapstories. By sharing their data cap stories on their fixed or wireless broadband networks, consumers will help the FCC understand whether and how data caps impact access to broadband for all individuals. Data caps, or usage limits, are a common practice where an internet service provider (ISP) restricts how much bandwidth or data a consumer uses, though many broadband ISPs temporarily or permanently refrained from enforcing or imposing data caps in response to the COVID-19 pandemic.