Comcast tells government that its data caps aren’t actually “data caps”

“Comcast does not have ‘data caps’ today,” the company wrote in a filing with the New York Public Service Commission on its proposed acquisition of Time Warner Cable.

“Comcast announced almost two years ago that it was suspending enforcement of its prior 250GB excessive usage cap and that it would instead be trialing different pricing and packaging options to evaluate options for subscribers -- options that reflect evolving Internet usage and that are based on the desire to provide flexible consumption plans, including a plan that enables customers who want to use more data the option to pay more to do so as well as a plan for those who use less data the option to save some money… Some of these trials include a data usage plan that allows customers who use very little Internet each month to receive a discount on their service fee, and variations on a plan that provide customers with the ability to buy additional increments of usage if they exceed a base amount (starting at 300GB) that is included with their service.”

Comcast argued that the federal government is the appropriate entity to investigate data caps, and that, as a consequence, New York regulators shouldn’t bother examining them in their review of the Comcast/TWC merger -- even though Comcast could impose data caps on TWC customers who don't face them today.