October 16th, 2024

FCC Explores How Broadband Data Caps Impact Competition and Consumers

The FCC is investigating broadband data caps' impact on competition and consumer access, gathering input from stakeholders to inform future regulatory actions and enhance broadband services across the U.S.

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FCC Explores How Broadband Data Caps Impact Competition and Consumers

The Federal Communications Commission (FCC) is investigating the effects of broadband data caps on competition and consumer access to internet services. This inquiry aims to understand how these data limits influence market dynamics and consumer choices. The FCC's examination is part of a broader effort to ensure that all Americans have equitable access to high-quality broadband services. The inquiry will gather information from various stakeholders, including consumers, service providers, and industry experts, to assess the implications of data caps on service quality and pricing. The FCC's findings could inform future regulatory actions and policies aimed at enhancing broadband access and competition in the telecommunications sector.

- The FCC is investigating the impact of broadband data caps on competition and consumers.

- The inquiry aims to understand how data limits affect market dynamics and consumer choices.

- Stakeholders, including consumers and service providers, will provide input for the investigation.

- The findings may influence future regulatory actions and policies regarding broadband access.

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By @jmholla - 6 months
By @hn_acker - 6 months
I'll be pleasantly surprised if the investigation concludes with anything resembling Karl Bode's longstanding analysis [1]:

> Again, as somebody who has written about this for decades, we know why these caps persist: monopoly power. The FCC’s NOI discusses the roundabout ways the FCC has nibbled around the edges of the problem (like its recent effort to implement “broadband nutrition labels” making it clear you’re being ripped off), but notably absent is any real effort to strike at the roots of monopoly power.

> And the government generally doesn’t strike at the roots of telecom monopoly power because Congress is comically corrupt, state and federal regulators have been historically captured, and most of these companies are patriotically tethered to our domestic surveillance efforts making them too large and politically protected for serious, consistent accountability.

For an example of "federal regulators have been historically captured", refer to the dissent in the Notice of Inquiry [2] or a summary of the funny parts [3]:

> Simington argued that regulating data caps would harm customers, using an analogy about the hypothetical regulation of coffee refills:

>> Suppose we were a different FCC, the Federal Coffee Commission, and rather than regulating the price of coffee (which we have vowed not to do), we instead implement a regulation whereby consumers are entitled to free refills on their coffees. What effects might follow? Well, I predict three things could happen: either cafés stop serving small coffees, or cafés charge a lot more for small coffees, or cafés charge a little more for all coffees.

> Simington went on to compare the capacity of broadband networks to the coffee-serving capacity of coffee shops. He said that tiered coffee prices "can increase overall revenue for the café," which can be invested "in more seats, more cafés, and faster coffee brewing."

...

> Carr said the FCC is "start[ing] down the path of directly regulating rates... by seeking comment on controlling the price of broadband capacity ('data caps'). Prohibiting customers from choosing to purchase plans with data caps—which are more affordable than unlimited ones—necessarily regulates the service rates they are paying for."

[1] https://www.techdirt.com/2024/10/18/the-fcc-is-looking-into-...

[2] https://docs.fcc.gov/public/attachments/FCC-24-106A1.txt

[3] https://news.ycombinator.com/item?id=41856837