Reactions to the FCC's Investigation Into Broadband Data Caps

“Internet access is no longer nice-to-have, but need-to-have for everyone, everywhere. As we emerge from the pandemic, there are many lessons to learn about what worked and what didn’t work, especially around what it takes to keep us all connected,” said Federal Communications Commission Chairwoman Jessica Rosenworcel. “When we need access to the internet, we aren’t thinking about how much data it takes to complete a task, we just know it needs to get done. It’s time the FCC take a fresh look at how data caps impact consumers and competition.”

“The Benton Institute for Broadband & Society supports the FCC’s inquiry into data caps which limit the amount of access consumers have to data before they are charged surplus fees or cut off from service," said Benton Institute for Broadband & Society Executive Director Adrianne B. Furniss. "There is scant evidence that such caps are necessary and their consequences can be especially disastrous for vulnerable populations. Data caps are particularly problematic for low-income individuals who may find themselves facing unexpectedly large fees at the end of the month as a result of surpassing a data cap. Data caps can create insurmountable barriers for low-income consumers trying to access life-changing services online, such as educational tools. Data caps can also be particularly debilitating for the deaf and hard-of-hearing consumers who rely on Video Relay Service (VRS) in order to communicate. Data caps can also limit access to telehealth services which otherwise reduce medical costs through video technology, support real-time treatment by first responders through the use of wireless devices, and enhance senior wellness and preventative care through telemedicine and remote in-home monitoring. In general, data caps are not popular with consumers, nor are they an effective means of managing network congestion. The Benton Institute hopes Chairwoman’s colleagues move swiftly to launch this proceeding.”

Harold Feld, Senior Vice President at Public Knowledge, said, "Data caps are one of the most confusing and pernicious aspects of subscribing to broadband. How on earth can a wireless carrier offer multiple “unlimited” plans, each with different consequences for exceeding a different “soft” limit? How can subscribers measure their data consumption with any accuracy? This isn’t like minutes or number of texts. And what about subscribers with no choice but a cable or satellite plan that imposes a data cap? How many subscribers have to put off a remote doctor’s appointment rather than risk overcharges, or pay overcharges for the privilege of using a streaming or gaming app? In addition to burdening subscribers, these data caps potentially burden the economy as a whole. By limiting the online activity of consumers, they severely limit the capacity for innovation...the inquiry announced by Chairwoman Rosenworcel would be the first step in understanding how data caps impact broadband users and online innovation. We hope the other commissioners will move swiftly to approve this item.”

“We applaud the opening of a new FCC portal where consumers can share their experiences with data caps," said Brian Donoghue, Deputy Director of Next Century Cities. "This platform will encourage consumers to scrutinize their monthly bills and empower them with a reporting mechanism that documents the real-world impact of data caps. Next Century Cities urges communities to voice their experiences and contribute to a crucial conversation about digital equity before the federal agency that crafts regulations.  The proposed inquiry by Chairwoman Rosenworcel is a critical move toward understanding and addressing the impact of data caps on consumers and the trajectory of online innovation. We implore all FCC commissioners to endorse and galvanize support for this important initiative.”

Jonathan Schwantes, Senior Policy Counsel at Consumer Reports said, “Broadband providers have employed needless data caps, impeding consumers’ access to internet services and chilling internet use. American consumers rely on fast, reliable, and affordable internet connections without data caps that can hinder online activities and increase costs. Broadband is an essential service capable of fueling economic growth, innovation, and connecting countless individuals. We plan to participate in the FCC’s proceeding, and look forward to seeing the results of this investigation of data caps in the broadband marketplace.”