Two Democratic senators are pushing a bill to ban internet service providers from imposing data caps that force consumers to pay to use more internet data.
The Uncap America Act comes from Sens. Cory Booker (D-New Jersey) and Ben Ray Luján (D-New Mexico), who are calling out data caps as a “predatory” practice against the public.
“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,” said Luján on Thursday when introducing the legislation.
The bill would prohibit broadband providers—including mobile carriers—from imposing data caps that involve charging the customer more money for additional internet data. Conversely, broadband providers would also be banned from slowing down the customer’s internet access if they refuse to pay.
The bill would only allow the broadband provider to impose a data cap “for the purposes of reasonable network management or managing network congestion.”
To enforce the ban against data caps, the bill calls on the FCC to develop regulations defining when broadband providers can impose reasonable data caps. Companies found violating the rules would be punished under the Communications Act of 1934, which could result in up to $100,000 in fines, prison time, or forfeiture if the violations are repeatedly made.
The senators say that all broadband providers should be able to operate without imposing predatory data caps. They cite the onset of the COVID-19 pandemic when many companies voluntarily removed their data caps to help people remotely work and study from the safety of their homes.
“As Americans’ need for data is increasing, pricing structures for broadband services must encourage participation in the digital economy, promote competition and innovation, and ensure investment in national broadband infrastructure is used to its highest capacity,” the senators added in a press release.
But it’s unclear if the legislation will gain enough support in the Senate, where Democrats only have a razor-thin majority and remain unwilling to change the filibuster rules.