II 

117TH CONGRESS 

2D SESSION S. 4590 

To provide requirements relating to data caps on broadband internet access 

service, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2022 

Mr. LUJA ́N (for himself and Mr. BOOKER) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To provide requirements relating to data caps on broadband 

internet access service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uncap America Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) BROADBAND INTERNET ACCESS SERVICE.— 

8 The term ‘‘broadband internet access service’’ has 

9 the meaning given the term in section 8.1(b) of title 


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1 47, Code of Federal Regulations, or any successor 

2 regulation. 

3 (2) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Communications Commission. 

5 (3) DATA CAP.—The term ‘‘data cap’’ means a 

6 limit on the amount of bits or other units of infor7 mation a customer of a broadband internet access 

8 service provider may download or upload during a 

9 period of time specified by the broadband internet 

10 service access provider— 

11 (A) before the customer— 

12 (i) is charged a fee for additional 

13 usage; 

14 (ii) is subject to an increasing cost per 

15 bit or other unit of information; 

16 (iii) is charged for an incremental 

17 block of usage; or 

18 (iv) experiences a reduction of access 

19 speed; or 

20 (B) that the customer is otherwise discour21 aged or prevented from exceeding. 

22 SEC. 3. FINDINGS. 

23 Congress finds the following: 

24 (1) Access to resilient, affordable, and secure 

25 internet service is essential for individuals to particiVerDate Sep 11 2014 03:47 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4590.IS S4590

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1 pate in society, including by providing individuals ac2 cess to work, education, and health care and allow3 ing individuals to communicate with friends and 

4 family. 

5 (2) Congress has a well-established role in sup6 porting infrastructure for broadband internet access 

7 service and ensuring that such infrastructure best 

8 serves the public interest. 

9 (3) It is in the public interest to ensure that 

10 telecommunications networks in the United States 

11 are utilized to their fullest capacity in order to en12 courage innovation, reduce barriers to employment, 

13 and increase access to education and health care. 

14 (4) Sustained strong performance of broadband 

15 internet access service networks in the United States 

16 during historically high demand throughout the 

17 COVID–19 pandemic is evidence that many such 

18 networks can accommodate significantly increased 

19 usage rates without the imposition of data caps. 

20 (5) While certain broadband internet access 

21 service networks may require practices to effectively 

22 manage congestion, those practices should be tai23 lored to improve equitable access among consumers. 


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1 (6) Unnecessary data caps limit participation in 

2 the digital economy and are contrary to the public 

3 interest. 

4 SEC. 4. NETWORK MANAGEMENT PRACTICES. 

5 (a) IN GENERAL.—A broadband internet access serv6 ice provider shall not impose a data cap except when tai7 lored primarily for the purposes of reasonable network 

8 management or managing network congestion. 

9 (b) REGULATIONS.— 

10 (1) IN GENERAL.—The Commission may pre11 scribe such regulations as may be necessary in the 

12 public interest to carry out this section. 

13 (2) TAILORED DATA CAPS.—Not later than 270 

14 days after the date of enactment of this Act, the 

15 Commission shall promulgate regulations to define 

16 the conditions under which a data cap is to be con17 sidered tailored to the purpose of reasonable network 

18 management or managing network congestion for 

19 purposes of subsection (a). 

20 (c) ENFORCEMENT.— 

21 (1) IN GENERAL.—The Commission shall imple22 ment and enforce this section as if this section were 

23 a part of the Communications Act of 1934 (47 

24 U.S.C. 151 et seq.). 


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1 (2) VIOLATIONS.—Any violation of this section 

2 or any regulation promulgated under this section 

3 shall be considered to be a violation of the Commu4 nications Act of 1934 (47 U.S.C. 151 et seq.) or a 

5 regulation promulgated under that Act, respectively. 

Æ 


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