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 pro-
viders of broadband internet access service from increas-
ing rates or enforcing data caps or allowances during 
an emergency or major disaster, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘New Overages in Crisis 
Areas Prevention Act’’ or the ‘‘NO CAP Act’’. 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. REQUIREMENTS FOR BROADBAND PROVIDERS 
DURING EMERGENCIES AND MAJOR DISAS-
TERS. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 723. REQUIREMENTS FOR BROADBAND PROVIDERS 
DURING EMERGENCIES AND MAJOR DISAS-
TERS. 
‘‘(a) IN GENERAL.—During a covered period with re-
spect to a covered area, a provider of broadband internet 
access service may not, with respect to a customer of such 
provider in such area— 
‘‘(1) increase any rate, fee, or other charge re-
lating to such service; 
‘‘(2) impose any rate, fee, or other charge relat-
ing to such service that did not apply before such 
period; or 
‘‘(3) enforce any data cap or allowance, regard-
less of whether such data cap or allowance applied 
before such period. 
‘‘(b) INAPPLICABILITY
TO
MOBILE
BROADBAND 
INTERNET ACCESS SERVICE.—This section does not apply 
with respect to mobile broadband internet access service. 
‘‘(c) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) BROADBAND
INTERNET
ACCESS
SERV-
ICE.— 
‘‘(A) IN GENERAL.—The term ‘broadband 
internet access service’ means a mass-market 
retail service by wire or radio that provides the 
capability to transmit data to and receive data 
from all or substantially all internet endpoints, 
including any capabilities that are incidental to 
and enable the operation of the communications 
service, but excluding dial-up internet access 
service. 
‘‘(B) 
FUNCTIONAL
EQUIVALENT; 
EVA-
SION.—The term ‘broadband internet access 
service’ includes any service that— 
‘‘(i) provides a functional equivalent 
of the service described in subparagraph 
(A); or 
‘‘(ii) is used to evade the protections 
set forth in this section. 
‘‘(2) COVERED AREA.—The term ‘covered area’ 
means a geographical area with respect to which— 
‘‘(A) a major disaster or emergency is de-
clared under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.); or 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) a public health emergency is declared 
under section 319 of the Public Health Service 
Act (42 U.S.C. 247d). 
‘‘(3) COVERED PERIOD.—The term ‘covered pe-
riod’ means, with respect to a covered area, the pe-
riod that— 
‘‘(A) begins on the date of the declaration 
with respect to such area of— 
‘‘(i) a major disaster or emergency 
under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.); or 
‘‘(ii) a public health emergency under 
section 319 of the Public Health Service 
Act (42 U.S.C. 247d); and 
‘‘(B) ends on the date that is 60 days after 
the termination of such major disaster, emer-
gency, or public health emergency (as the case 
may be). 
‘‘(4) DATA
CAP
OR
ALLOWANCE.—The term 
‘data cap or allowance’ means a limit on, or a fee- 
based structure with the purpose of limiting, the 
number of bits a customer may download or upload 
using broadband internet access service during a pe-
riod of time specified by the provider of such service. 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) EDUCATIONAL
INSTITUTION.—The term 
‘educational institution’ means— 
‘‘(A) an elementary school (as defined in 
section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)); 
‘‘(B) a secondary school (as defined in 
such section); and 
‘‘(C) an institution of higher education (as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)). 
‘‘(6) MOBILE
BROADBAND
INTERNET
ACCESS 
SERVICE.— 
‘‘(A) IN
GENERAL.—The term ‘mobile 
broadband internet access service’ means a 
broadband internet access service that serves 
end users primarily using mobile stations. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘mobile 
broadband internet access service’ includes— 
‘‘(i) broadband internet access serv-
ices that use smartphones or mobile-net-
work-enabled tablet computers as the pri-
mary endpoints for connection to the inter-
net; and 
‘‘(ii) mobile satellite broadband serv-
ices. 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) 
EXCLUSION.—The 
term 
‘mobile 
broadband internet access service’ does not in-
clude a broadband internet access service pro-
vided to an educational institution and made 
available by such institution for educational 
purposes to students enrolled at such institu-
tion.’’. 
Æ 
VerDate Sep 11 2014 
04:49 Jun 02, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H2666.IH
H2666
kjohnson on DSK79L0C42PROD with BILLS