Uncap America Act
Bill: S.4590 | Sponsor: Sen. Lujan, Ben Ray (D-NM)
Policy area: Science, Technology, Communications

Summary:
Uncap America Act
This bill generally prohibits broadband internet service providers from capping the amount of data that customers may download or upload without being subject to additional costs or reduced internet speeds. Broadband internet service providers may, however, impose a data cap if the cap is tailored primarily to address network management or congestion.
The Federal Communications Commission must issue regulations that define what constitutes a tailored data cap and otherwise enforce the prohibition.

To provide requirements relating to data caps on broadband internet 
                access service, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uncap America Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Data cap.--The term ``data cap'' means a limit on the 
        amount of bits or other units of information a customer of a 
        broadband internet access service provider may download or 
        upload during a period of time specified by the broadband 
        internet service access provider--
                    (A) before the customer--
                            (i) is charged a fee for additional usage;
                            (ii) is subject to an increasing cost per 
                        bit or other unit of information;
                            (iii) is charged for an incremental block 
                        of usage; or
                            (iv) experiences a reduction of access 
                        speed; or
                    (B) that the customer is otherwise discouraged or 
                prevented from exceeding.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Access to resilient, affordable, and secure internet 
        service is essential for individuals to participate in society, 
        including by providing individuals access to work, education, 
        and health care and allowing individuals to communicate with 
        friends and family.
            (2) Congress has a well-established role in supporting 
        infrastructure for broadband internet access service and 
        ensuring that such infrastructure best serves the public 
        interest.
            (3) It is in the public interest to ensure that 
        telecommunications networks in the United States are utilized 
        to their fullest capacity in order to encourage innovation, 
        reduce barriers to employment, and increase access to education 
        and health care.
            (4) Sustained strong performance of broadband internet 
        access service networks in the United States during 
        historically high demand throughout the COVID-19 pandemic is 
        evidence that many such networks can accommodate significantly 
        increased usage rates without the imposition of data caps.
            (5) While certain broadband internet access service 
        networks may require practices to effectively manage 
        congestion, those practices should be tailored to improve 
        equitable access among consumers.
            (6) Unnecessary data caps limit participation in the 
        digital economy and are contrary to the public interest.

SEC. 4. NETWORK MANAGEMENT PRACTICES.

    (a) In General.--A broadband internet access service provider shall 
not impose a data cap except when tailored primarily for the purposes 
of reasonable network management or managing network congestion.
    (b) Regulations.--
            (1) In general.--The Commission may prescribe such 
        regulations as may be necessary in the public interest to carry 
        out this section.
            (2) Tailored data caps.--Not later than 270 days after the 
        date of enactment of this Act, the Commission shall promulgate 
        regulations to define the conditions under which a data cap is 
        to be considered tailored to the purpose of reasonable network 
        management or managing network congestion for purposes of 
        subsection (a).
    (c) Enforcement.--
            (1) In general.--The Commission shall implement and enforce 
        this section as if this section were a part of the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.).
            (2) Violations.--Any violation of this section or any 
        regulation promulgated under this section shall be considered 
        to be a violation of the Communications Act of 1934 (47 U.S.C. 
        151 et seq.) or a regulation promulgated under that Act, 
        respectively.
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