Simington likens regulating data caps to a hypothetical Federal Coffee Commission that mandates free refills, suggesting this leads cafés to either remove small coffees, increase their prices, or impose higher charges on all coffee. He argues this analogy reveals how overregulation could harm service offerings and reduce investments in capacity.
He emphasized that consumption-based pricing in café settings can generate more revenue, which could then be funneled back into enhancements like increasing seating, opening new locations, and improving service speed, mirroring this logic to broadband services.
Referring to the FCC’s consideration of usage-based plans as rate regulation, Simington stated he cannot support the measure, perceiving it as the initial move towards comprehensive rate regulation, which he strongly opposes.
Carr concurs with Simington's dissent, mentioning a recent court ruling against the FCC's reimposition of net neutrality, arguing that the commission lacks legal authority to impose rate regulations.
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