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56% of Americans have Internet data caps; FCC asked to investigate

Two prominent Washington DC tech policy groups have asked the Federal Communications Commission to investigate Internet data caps in the US—with a special focus on AT&T.  —  New America Foundation and Public Knowledge say in a letter …

Ars Technica Nate Anderson

Context & Ripple Effects

New America Foundation and Public Knowledge are pressing the FCC to open an investigation into Internet data caps — which they say now affect 56% of Americans — with the letter singling out AT&T for special focus. The move revives a fight that looked settled when Time Warner Cable dropped its cap trial after customer outcry in April 2009.

The timing matters: the FCC only finalized its net neutrality rules in December 2010, and those rules did not squarely address usage-based billing. The policy groups are effectively testing whether the agency's new oversight appetite extends to metered pricing, not just traffic management.

First-order effects

  • AT&T becomes the named target of a formal FCC inquiry request, forcing it to defend its caps' cost and congestion rationale before the agency rather than just its customers.

Second-order effects

  • Other capped ISPs watch how the FCC handles the letter, since any finding that caps need regulatory justification would apply industry-wide; the outcome also pressures the agency to clarify where caps sit relative to the December 2010 net neutrality order.

Third-order effects

  • If the pattern holds, data caps evolve from a quiet revenue line into a recurring regulatory battleground, with consumer groups using petition-and-inquiry tactics to keep metered broadband under Washington's scrutiny.

The trend: Broadband data caps are shifting from routine ISP pricing tools to contested policy questions, as advocacy groups push the FCC to police metered internet plans.