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Rosenworcel is the chair of the FCC and has the power to authorize NOI studies like this one, but she faces opposition within her ranks.
Commissioner Brendan Carr believes the study is a move toward what he calls “illegal rate regulation” and says it may rob internet shoppers of the power of choice.
“Prohibiting customers from choosing to purchase plans with data caps—which are more affordable than unlimited ones—necessarily regulates the service rates they are paying for,” Carr said.
Commissioner Nathan Simington also dissented, saying the FCC shouldn’t regulate rates. He launched into a complicated metaphor comparing broadband regulation to coffee prices.
“Though only a notice of inquiry, because it is the first step down a path toward further rate regulation, I can’t support the item we’ve brewed up here,” Simington finished. “I dissent.”
The other members of board, Commissioner Geoffrey Starks and Commissioner Anna M. Gomez, did not publish statements regarding the data cap investigation.