FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE C H A I RMAN 
The Honorable Anna G. Eshoo 
Ranking Member 
August 27, 20 14 
Subcommittee on Communications and Technology 
Committee on Energy and Commerce 
U.S. House ofRepresentatives 
241 Cannon House Office Building 
Washington, D.C. 20515 
Dear Congresswoman Eshoo: 
Thank you for sharing the preliminary fmdings of the Government Accountability Office 
(GAO) study on usage-based broadband pricing, sometimes referred to as "data caps." In your 
letter, you expressed concerns about the throttling or slowing down of data speeds, overage fees , 
and the exemption of some online services or application services from data caps. Your letter 
and the GAO study will be submitted for the record in the Open Internet proceeding. 
I am pleased that GAO is undertaking a thorough review of usage-based pricing, and I 
look forward to reviewing the fmal report. Like you, I am concerned about usage-based 
practices that affect the speeds and service that customers receive. I am deeply troubled when I 
hear reports of providers slowing down speeds for selected customers under the guise of network 
management. For example, I am concerned about wireless providers' practices that apparently 
slow the speeds available to customers based at least in part on the data plan to which the 
consumer subscribes. I have written letters to the major wireless carriers to get more information 
about these practices so that we can more closely examine whether these practices are consistent 
with the principles of an open Internet and the virtuous cycle of innovation that is at the heart of 
what makes an open Internet so critical to our country' s success in the 21 st century. 
In addition, the Notice of Proposed Rulemaking in the Open Internet proceeding seeks 
comment on a number of issues surrounding data caps. For instance, the Notice requests 
information on how broadband providers use data caps to manage traffic , and whether they can 
be used to exploit market power or reduce competition. The Notice also asks whether the 
Commission should require the disclosures of specific broadband provider network practices. 
The goal of these questions is to build a solid record as to the effectiveness of transparency rules 
that put providers on record about the effect their practices have on consumers. 
Page 2-The Honorable Anna G. Eshoo 
Thank you again for contacting me and I appreciate your interest in this matter. I look 
forward to working with you and your colleagues as we move forward with steps to protect and 
promote the open Internet. Please let me know if I can be of any further assistance. 
Sincerely, 
Tom Wheeler