,,ii  #aaith ,,congress  #b;d ,session  
,s4 #deeg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ah1      
#bjbf,mr4 ,lujn introduced the following
 bill2 which was read twice and referred
 to the ,committee on ,commerce1        
,science1 and ,transportation  ,a ,,bill
  ,to require telephone providers1 cable
 television providers1 direct broadcast 
satellite service providers1 and        
internet providers to automatically     
refund their customers when their       
services are not working1 and for other 
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,outage ,refund     
,protection ,act4  #b4 ,definitions ,in 
this ,act3 7#a7 ,cable provider ,the    
term cable provider means a provider of 
cable service1 as defined in section #c 
of the ,communications ,act of #aicd    
7#dg ,u4,s4,c4 #aec71 with more than    
#e1jjj customers4  7#b7 ,,dbs provider  
,the term ,,dbs provider has the meaning
 given the term provider of direct      
broadcast satellite service in section  

#cce of the ,communications ,act of     
#aicd 7#dg ,u4,s4,c4 #cce7 except that  
such provider shall have more than      
#e1jjj customers4  7#c7 ,internet       
provider ,the term internet provider    
means a provider of broadband internet  
access service1 as defined in section   
#hja of the ,communications ,act of     
#aicd 7#dg ,u4,s4,c4 #fda71 with more   
than #e1jjj customers4  7#d7 ,telephone 
provider ,the term telephone provider   
means-- 7,a7 a wireless carrier1 as     
defined in section #g of the ,wireless  
,communications and ,public ,safety ,act
 of #aiii 7#dg ,u4,s4,c4 #fae;b71 with  
more than #e1jjj customers2  7,b7 a     
wireline telephone service provider with
 more than #e1jjj customers2 and  7,c7  
an interconnected or non-interconnected 
,vo,i,p service1 as defined in section  
#c of the ,communications ,act of #aicd 
7#dg ,u4,s4,c4 #aec71 with more than    
#e1jjj customers4  #c4 ,refunds  7a7    
,cable services  7#a7 ,in general ,a    
cable provider shall automatically      

credit the billing statement of a       
customer if-- 7,a7 the cable service of 
the cable provider is unavailable or is 
experiencing an outage or when the      
equipment provided to the customer by   
the cable provider to enable use of the 
cable service1 including any software   
contained in or downloaded to the       
equipment is not operating correctly1   
for a period of #d hours or more2 or    
7,b7 the customer terminates the cable  
service of the cable provider4  7#b7    
,credits ,if required under paragraph   
7#a71 a credit shall be automatically   
issued to the customer for #a_/cj of the
 monthly rate for each day the customer 
is not able to access the cable         
television network for a period of #d   
hours or more4  7#c7 ,refund  7,a7 ,in  
general ,if a customer terminates cable 
service with a cable provider1 any      
credit issued under this section that   
exceeds the amount due on a billing     
statement shall be issued to the        
customer not later than #cj days after  

the date of the outage in the form of a 
check in the customer's name1 or by     
issuance of a no-fee prepaid debit card1
 or by electronic transfer1 at the      
election of the customer1 in the amount 
such credit exceeds such amount due4    
7,b7 ,exception ,a cable provider shall 
not be required to issue a refund under 
subparagraph 7,a7 if the amount of the  
refund exceeds the cost of disbursement 
under all methods permitted under this  
section4 ,a cable provider may restrict 
the refund methods a customer can elect 
to the methods by which the amount of   
refund exceeds the cost of disbursement4
  7b7 ,satellite services  7#a7 ,in     
general ,a ,,dbs provider shall         
automatically credit the billing        
statement of a customer if-- 7,a7 the   
satellite service of the ,,dbs provider 
is unavailable or is experiencing an    
outage or when the customer's satellite 
is not operating correctly1 for a period
 of #d hours or more2 or  7,b7 the      
customer terminates the satellite       

service of the ,,dbs provider4  7#b7    
,credits ,if required under paragraph   
7#a71 a credit shall be automatically   
issued to the customer for #a_/cj of the
 monthly rate for each day the customer 
is not able to access the satellite     
television network for a period of #d   
hours or more4  7#c7 ,refund  7,a7 ,in  
general ,if a customer terminates       
satellite service with a ,,dbs provider1
 any credit issued under this section   
that exceeds the amount due on a billing
 statement shall be issued to the       
customer not later than #cj days after  
the date of the outage in the form of a 
check in the customer's name1 or by     
issuance of a no-fee prepaid debit card1
 or by electronic transfer1 at the      
election of the customer1 in the amount 
such credit exceeds such amount due4    
7,b7 ,exception ,a ,,dbs provider shall 
not be required to issue a refund under 
subparagraph 7,a7 if the amount of the  
refund exceeds the cost of disbursement 
under all methods permitted under this  

section4 ,a ,,dbs provider may restrict 
the refund methods a customer can elect 
to the methods by which the amount of   
refund exceeds the cost of disbursement4
  7c7 ,internet services  7#a7 ,in      
general ,an internet provider shall     
automatically credit the billing        
statement of a customer if the broadband
 internet access service of the internet
 provider is out of service or is       
experiencing an outage1 for a period of 
#d hours or more4  7#b7 ,credits ,if    
required under paragraph 7#a71 a credit 
shall be automatically issued for #a_/cj
 of the monthly rate for each day the   
broadband internet access service is    
unavailable for a period of #d hours or 
more4  7#c7 ,refund  7,a7 ,in general   
,if a customer terminates broadband     
internet access service with an internet
 provider1 any credit issued under this 
section that exceeds the amount due on a
 billing statement shall be issued to   
the customer not later than #cj days    
after the date of the outage in the form

 of a check in the customer's name1 or  
by issuance of a no-fee prepaid debit   
card1 or by electronic transfer1 at the 
election of the customer1 in the amount 
such credit exceeds such amount due4    
7,b7 ,exception ,an internet provider   
shall not be required to issue a refund 
under subparagraph 7,a7 if the amount of
 the refund exceeds the cost of         
disbursement under all methods permitted
 under this section4 ,an internet       
provider may restrict the refund methods
 a customer can elect to the methods by 
which the amount of refund exceeds the  
cost of disbursement4  7d7 ,telephone   
services  7#a7 ,in general ,a telephone 
provider shall automatically credit the 
billing statement of a customer on a    
per-line basis if the telephone service 
of the telephone provider is out of     
service or is experiencing an outage1   
for a period of #d hours or more4  7#b7 
,credits ,if required under paragraph   
7#a71 a credit shall be automatically   
issued for #a_/cj of the monthly rate   

for each day the customer is not able to
 access telephone service of the        
telephone provider for a period of #d   
hours or more4  7#c7 ,refund  7,a7 ,in  
general ,if a customer terminates       
telephone service with a telephone      
provider1 any credit issued under this  
section that exceeds the amount due on a
 billing statement shall be issued to   
the customer not later than #cj days    
after the date of the outage in the form
 of a check in the customer's name1 or  
by issuance of a no-fee prepaid debit   
card1 or by electronic transfer1 at the 
election of the customer1 in the amount 
such credit exceeds such amount due4    
7,b7 ,exception ,a telephone provider   
shall not be required to issue a refund 
under subparagraph 7,a7 if the amount of
 the refund exceeds the cost of         
disbursement under all methods permitted
 under this section4 ,a telephone       
provider may restrict the refund methods
 a customer can elect to the methods by 
which the amount of refund exceeds the  

cost of disbursement4  7e7 ,pre-,planned
 maintenance ,subsections 7a7 through   
7d7 shall not apply to service outages  
for pre-planned maintenance for which   
the provider has informed the affected  
customers in advance that service will  
be unavailable4  7f7 ,enforcement ,not  
later than #ah months after the date of 
enactment of this ,act1 the ,federal    
,communications ,commission shall issue 
rules implementing the requirements     
under this section1 including penalties 
for failure to comply4  7g7 ,preemption 
,nothing in this section or in the      
regulations prescribed under this       
section shall preempt any ,state law    
that imposes more restrictive intrastate
 requirements or regulations4  #d4      
,customer service improvements  7a7 ,in 
general  7#a7 ,federal ,communications  
,commission ,not later than #ah months  
after the date of enactment of this     
,act1 the ,federal ,communications      
,commission shall issue rules to require
 that each telephone provider1 cable    

provider1 ,,dbs provider1 and internet  
provider-- 7,a7 extend cable customer   
service requirements to direct broadcast
 satellite1 voice1 and broadband        
service1 as applicable1 including by    
making customer service accessible for  
those with disabilities2  7,b7 maintain 
recordings of customer service calls for
 not less than #a year and release a    
recording of a customer service call to 
a customer or the customer's agent1 upon
 request2 and  7,c7 not associate any   
fee with the option to receive a call   
from a customer service representative  
at such time as a representative becomes
 available4  7#b7 ,federal ,trade       
,commission  7,a7 ,in general ,not later
 than #ah months after the date of      
enactment of this ,act1 the ,federal    
,trade ,commission shall issue rules    
with respect to telephone providers1    
cable providers1 ,,dbs providers1 and   
internet providers to-- 7i7 implement   
standards for missed service            
appointments2 and  7ii7 assess the      

burden of returning equipment for those 
with disabilities or individuals who do 
not drive and if1 in the determination  
of the ,federal ,trade ,commission1 the 
burden is sufficiently high1 require the
 provider to offer alternate means of   
return at no extra cost to such         
individuals4  7,b7 ,injunction authority
 ,the ,federal ,trade ,commission shall 
have authority under section #ac7;b7 of 
the ,federal ,trade ,commission ,act    
7#ae ,u4,s4,c4 #ec7;b77 to seek a       
preliminary or permanent injunctions to 
enforce any requirement under           
subparagraph 7,a74  7b7 ,rule of        
construction ,nothing in this section   
shall prohibit a ,state1 or subdivision 
of a ,state1 from imposing requirements 
higher than or in addition to the       
requirements imposed pursuant to this   
section4  #e4 ,service outages ,as soon 
as possible following the activation of 
the ,disaster ,information ,reporting   
,system described in section #d4ah of   
title #dg1 ,code of ,federal            

,regulations1 or any successor          
regulation1 each broadband internet     
service provider shall report service   
outages within the area of activation to
 the ,federal ,communications           
,commission and shall include broadband 
internet access service outage          
information in each public report under 
the ,disaster ,information ,reporting   
,system4