New Overages in Crisis Areas Prevention Act
Bill: H.R.2666 | Sponsor: Rep. Van Drew, Jefferson (R-NJ)
Policy area: Science, Technology, Communications

Summary:
New Overages in Crisis Areas Prevention Act or the NO CAP Act
This bill prohibits broadband internet access service providers from increasing rates or enforcing data caps or allowances during a major disaster or emergency, including a public health emergency.

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.

    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 ``New Overages in Crisis Areas 
Prevention Act'' or the ``NO CAP Act''.

SEC. 2. REQUIREMENTS FOR BROADBAND PROVIDERS DURING EMERGENCIES AND 
              MAJOR DISASTERS.

    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 DISASTERS.

    ``(a) In General.--During a covered period with respect 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 relating to 
        such service;
            ``(2) impose any rate, fee, or other charge relating to 
        such service that did not apply before such period; or
            ``(3) enforce any data cap or allowance, regardless 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:
            ``(1) Broadband internet access service.--
                    ``(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; evasion.--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 declared 
                under the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
                    ``(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 period' means, 
        with respect to a covered area, the period 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 Relief 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, emergency, 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 
        period of time specified by the provider of such service.
            ``(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 services 
                        that use smartphones or mobile-network-enabled 
                        tablet computers as the primary endpoints for 
                        connection to the internet; and
                            ``(ii) mobile satellite broadband services.
                    ``(C) Exclusion.--The term `mobile broadband 
                internet access service' does not include a broadband 
                internet access service provided to an educational 
                institution and made available by such institution for 
                educational purposes to students enrolled at such 
                institution.''.
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