As the FCC prepares its next broadband progress report, the agency appears to be more heavily considering usage caps and zero rating when determining overall broadband competition and quality. Section 706 of the Telecommunications Act of 1996 requires the FCC to report annually to Congress on whether advanced telecommunications capability “is being deployed to all Americans in a reasonable and timely fashion,” and to take “immediate action” if it is not. Historically, these reports tend to downplay a lack of competition, and avoid seriously commenting on high prices.
The FCC's latest
Notice of Inquiry (pdf) indicates the FCC wants to more closely consider latency, caps, and zero rating when determining if advanced broadband is being deployed quickly enough.
"We continue to believe that the Commission should examine factors that affect access to broadband services beyond mere physical network deployment when making our determination of whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely manner," the FCC's notice said.
"In addition to service quality and latency, we seek comment on whether non-speed service characteristics such as data allowances, adoption, and the availability of competitive alternatives should be additional factors in our inquiry," the FCC added.
Back in April the FCC unveiled a new program that encourages ISPs to provide a nutrition-like label on their broadband products more clearly detailing any connection limitations or restrictions. The labels are voluntary for ISPs, but will be "recommended" by the agency if ISPs want to meet the FCC's open Internet transparency rules (meaning it's not entirely clear if ISPs will actually bother to use them).
While the FCC takes a rather glacial, closer look at usage caps, such restrictions continue to expand quickly at ISPs like Comcast, AT&T, Centurylink, and others. Such restrictions are little more than punitive price hikes on less competitive markets, something the FCC hasn't been truly willing to admit in past broadband progress reports.