I 118th CONGRESS 2d Session H. R. 7453 IN THE HOUSE OF REPRESENTATIVES February 23, 2024 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. Short title This Act may be cited as the New Overages in Crisis Areas Prevention Act or the NO CAP Act . 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: 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. .