Simington argued that regulating data caps would harm customers, using an analogy about the hypothetical regulation of coffee refills:
Suppose we were a different FCC, the Federal Coffee Commission, and rather than regulating the price of coffee (which we have vowed not to do), we instead implement a regulation whereby consumers are entitled to free refills on their coffees. What effects might follow? Well, I predict three things could happen: either cafés stop serving small coffees, or cafés charge a lot more for small coffees, or cafés charge a little more for all coffees.
Simington went on to compare the capacity of broadband networks to the coffee-serving capacity of
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