,,ii #aadth ,,congress #b;d ,session ,s4 #bhig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjaf,mr4 ,blumenthal 7for himself1 ,mr4 ,franken1 ,mr4 ,brown1 ,mr4 ,whitehouse1 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4 ,merkley1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #i1 ,united ,states ,code1 with respect to arbitration4 #a4 ,short title ,this ,act may be cited as the ,justice for ,telecommunications ,consumers ,act4 #b4 ,arbitration of certain telecommunications disputes 7a7 ,in general ,title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d ,arbitration of certain telecommunications disputes ,sec4 #dja4 ,definitions4#djb4 ,validity and enforceability4 #dja4 ,definition ,in this chapter1 the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement4 #djb4 ,validity and enforceability 7a7 ,in general ,notwithstanding any other provision of this title or the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of a contract for-- 7#a7 a commercial mobile service1 as defined in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d772 7#b7 a service offered by a multichannel video programming distributor1 as defined in section #fjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ebb72 7#c7 a telecommunications service or information service1 as those terms are defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec72 or 7#d7 a service offered by a common carrier1 as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7b7 ,applicability 7#a7 ,in general ,an issue as to whether this chapter applies to an arbitration agreement shall be determined under ,federal law4 ,the applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement4 7#b7 ,collective bargaining agreements ,nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations1 except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the ,constitution of the ,united ,states1 a ,state constitution1 or a ,federal or ,state statute1 or public policy arising therefrom4 4 7b7 ,technical and conforming amendment ,the table of chapters for title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d4;,arbitration of certain telecommunications disputes#dja 4