I 

117TH CONGRESS 

1ST SESSION H. R. 2666 

To amend the Communications Act of 1934 to prohibit providers of broadband 

internet access service from increasing rates or enforcing data caps 

or allowances during an emergency or major disaster, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2021 

Mr. VAN DREW introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to prohibit providers of broadband internet access service from increasing rates or enforcing data caps or allowances during 

an emergency or major disaster, 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 ‘‘New Overages in Crisis 

5 Areas Prevention Act’’ or the ‘‘NO CAP Act’’. 


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1 SEC. 2. REQUIREMENTS FOR BROADBAND PROVIDERS 

2 DURING EMERGENCIES AND MAJOR DISAS3 TERS. 

4 Title VII of the Communications Act of 1934 (47 

5 U.S.C. 601 et seq.) is amended by adding at the end the 

6 following: 

7 ‘‘SEC. 723. REQUIREMENTS FOR BROADBAND PROVIDERS 

8 DURING EMERGENCIES AND MAJOR DISAS9 TERS. 

10 ‘‘(a) IN GENERAL.—During a covered period with re11 spect to a covered area, a provider of broadband internet 

12 access service may not, with respect to a customer of such 

13 provider in such area— 

14 ‘‘(1) increase any rate, fee, or other charge re15 lating to such service; 

16 ‘‘(2) impose any rate, fee, or other charge relat17 ing to such service that did not apply before such 

18 period; or 

19 ‘‘(3) enforce any data cap or allowance, regard20 less of whether such data cap or allowance applied 

21 before such period. 

22 ‘‘(b) INAPPLICABILITY TO MOBILE BROADBAND

23 INTERNET ACCESS SERVICE.—This section does not apply 

24 with respect to mobile broadband internet access service. 

25 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) BROADBAND INTERNET ACCESS SERV2 ICE.— 

3 ‘‘(A) IN GENERAL.—The term ‘broadband 

4 internet access service’ means a mass-market 

5 retail service by wire or radio that provides the 

6 capability to transmit data to and receive data 

7 from all or substantially all internet endpoints, 

8 including any capabilities that are incidental to 

9 and enable the operation of the communications 

10 service, but excluding dial-up internet access 

11 service. 

12 ‘‘(B) FUNCTIONAL EQUIVALENT; EVA13 SION.—The term ‘broadband internet access 

14 service’ includes any service that— 

15 ‘‘(i) provides a functional equivalent 

16 of the service described in subparagraph 

17 (A); or 

18 ‘‘(ii) is used to evade the protections 

19 set forth in this section. 

20 ‘‘(2) COVERED AREA.—The term ‘covered area’ 

21 means a geographical area with respect to which— 

22 ‘‘(A) a major disaster or emergency is de23 clared under the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 

25 U.S.C. 5121 et seq.); or 


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1 ‘‘(B) a public health emergency is declared 

2 under section 319 of the Public Health Service 

3 Act (42 U.S.C. 247d). 

4 ‘‘(3) COVERED PERIOD.—The term ‘covered pe5 riod’ means, with respect to a covered area, the pe6 riod that— 

7 ‘‘(A) begins on the date of the declaration 

8 with respect to such area of— 

9 ‘‘(i) a major disaster or emergency 

10 under the Robert T. Stafford Disaster Re11 lief and Emergency Assistance Act (42 

12 U.S.C. 5121 et seq.); or 

13 ‘‘(ii) a public health emergency under 

14 section 319 of the Public Health Service 

15 Act (42 U.S.C. 247d); and 

16 ‘‘(B) ends on the date that is 60 days after 

17 the termination of such major disaster, emer18 gency, or public health emergency (as the case 

19 may be). 

20 ‘‘(4) DATA CAP OR ALLOWANCE.—The term 

21 ‘data cap or allowance’ means a limit on, or a fee22 based structure with the purpose of limiting, the 

23 number of bits a customer may download or upload 

24 using broadband internet access service during a pe25 riod of time specified by the provider of such service. 


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1 ‘‘(5) EDUCATIONAL INSTITUTION.—The term 

2 ‘educational institution’ means— 

3 ‘‘(A) an elementary school (as defined in 

4 section 8101 of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7801)); 

6 ‘‘(B) a secondary school (as defined in 

7 such section); and 

8 ‘‘(C) an institution of higher education (as 

9 defined in section 101 of the Higher Education 

10 Act of 1965 (20 U.S.C. 1001)). 

11 ‘‘(6) MOBILE BROADBAND INTERNET ACCESS

12 SERVICE.— 

13 ‘‘(A) IN GENERAL.—The term ‘mobile 

14 broadband internet access service’ means a 

15 broadband internet access service that serves 

16 end users primarily using mobile stations. 

17 ‘‘(B) INCLUSIONS.—The term ‘mobile 

18 broadband internet access service’ includes— 

19 ‘‘(i) broadband internet access serv20 ices that use smartphones or mobile-net21 work-enabled tablet computers as the pri22 mary endpoints for connection to the inter23 net; and 

24 ‘‘(ii) mobile satellite broadband serv25 ices. 


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1 ‘‘(C) EXCLUSION.—The term ‘mobile 

2 broadband internet access service’ does not in3 clude a broadband internet access service pro4 vided to an educational institution and made 

5 available by such institution for educational 

6 purposes to students enrolled at such institu7 tion.’’. 

Æ 


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