Data cap cash. (credit: Aurich Lawson | Getty Images)

Netflix submitted a filing last week for the FCC’s annual investigation of broadband deployment, a review that is mandated by Congress in Section 706 of the Telecommunications Act. Specifically, Congress requires the FCC to determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion, and “take immediate action” to accelerate deployment if it’s not happening to the commission’s satisfaction.

The commission’s assessment generally focuses on availability and speed, but Netflix wants the commission to add data caps to the mix. “Data caps (especially low data caps) and usage-based pricing (‘UBP’) discourage a consumer’s consumption of broadband, and may impede the ability of some households to watch Internet television in a manner and amount that they would like,” Netflix wrote. “For this reason, the Commission should hold that data caps on fixed-­line networks ­­and low data caps on mobile networks­­ may unreasonably limit Internet television viewing and are inconsistent with Section 706.”