[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4557 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4557
To require telephone providers, cable television providers, direct
broadcast satellite service providers, and internet providers to
automatically refund their customers when their services are not
working, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2026
Mr. Lujan introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require telephone providers, cable television providers, direct
broadcast satellite service providers, and internet providers to
automatically refund their customers when their services are not
working, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outage Refund Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cable provider.--The term ``cable provider'' means a
provider of cable service, as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), with more than
5,000 customers.
(2) DBS provider.--The term ``DBS provider'' has the
meaning given the term ``provider of direct broadcast satellite
service'' in section 335 of the Communications Act of 1934 (47
U.S.C. 335) except that such provider shall have more than
5,000 customers.
(3) Internet provider.--The term ``internet provider''
means a provider of broadband internet access service, as
defined in section 801 of the Communications Act of 1934 (47
U.S.C. 641), with more than 5,000 customers.
(4) Telephone provider.--The term ``telephone provider''
means--
(A) a wireless carrier, as defined in section 7 of
the Wireless Communications and Public Safety Act of
1999 (47 U.S.C. 615b), with more than 5,000 customers;
(B) a wireline telephone service provider with more
than 5,000 customers; and
(C) an interconnected or non-interconnected VoIP
service, as defined in section 3 of the Communications
Act of 1934 (47 U.S.C. 153), with more than 5,000
customers.
SEC. 3. REFUNDS.
(a) Cable Services.--
(1) In general.--A cable provider shall automatically
credit the billing statement of a customer if--
(A) 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 service, including
any software contained in or downloaded to the
equipment is not operating correctly, for a period of 4
hours or more; or
(B) the customer terminates the cable service of
the cable provider.
(2) Credits.--If required under paragraph (1), a credit
shall be automatically issued to the customer for \1/30\ of the
monthly rate for each day the customer is not able to access
the cable television network for a period of 4 hours or more.
(3) Refund.--
(A) In general.--If a customer terminates cable
service with a cable provider, any credit issued under
this section that exceeds the amount due on a billing
statement shall be issued to the customer not later
than 30 days after the date of the outage in the form
of a check in the customer's name, or by issuance of a
no-fee prepaid debit card, or by electronic transfer,
at the election of the customer, in the amount such
credit exceeds such amount due.
(B) Exception.--A cable provider shall not be
required to issue a refund under subparagraph (A) if
the amount of the refund exceeds the cost of
disbursement under all methods permitted under this
section. 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 disbursement.
(b) Satellite Services.--
(1) In general.--A DBS provider shall automatically credit
the billing statement of a customer if--
(A) the satellite service of the DBS provider is
unavailable or is experiencing an outage or when the
customer's satellite is not operating correctly, for a
period of 4 hours or more; or
(B) the customer terminates the satellite service
of the DBS provider.
(2) Credits.--If required under paragraph (1), a credit
shall be automatically issued to the customer for \1/30\ of the
monthly rate for each day the customer is not able to access
the satellite television network for a period of 4 hours or
more.
(3) Refund.--
(A) In general.--If a customer terminates satellite
service with a DBS provider, any credit issued under
this section that exceeds the amount due on a billing
statement shall be issued to the customer not later
than 30 days after the date of the outage in the form
of a check in the customer's name, or by issuance of a
no-fee prepaid debit card, or by electronic transfer,
at the election of the customer, in the amount such
credit exceeds such amount due.
(B) Exception.--A DBS provider shall not be
required to issue a refund under subparagraph (A) if
the amount of the refund exceeds the cost of
disbursement under all methods permitted under this
section. 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 disbursement.
(c) Internet Services.--
(1) 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 outage, for a period of 4 hours
or more.
(2) Credits.--If required under paragraph (1), a credit
shall be automatically issued for \1/30\ of the monthly rate
for each day the broadband internet access service is
unavailable for a period of 4 hours or more.
(3) Refund.--
(A) In general.--If a customer terminates broadband
internet access service with an internet provider, any
credit issued under this section that exceeds the
amount due on a billing statement shall be issued to
the customer not later than 30 days after the date of
the outage in the form of a check in the customer's
name, or by issuance of a no-fee prepaid debit card, or
by electronic transfer, at the election of the
customer, in the amount such credit exceeds such amount
due.
(B) Exception.--An internet provider shall not be
required to issue a refund under subparagraph (A) if
the amount of the refund exceeds the cost of
disbursement under all methods permitted under this
section. 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 disbursement.
(d) Telephone Services.--
(1) 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 outage, for a period of 4 hours
or more.
(2) Credits.--If required under paragraph (1), a credit
shall be automatically issued for \1/30\ of the monthly rate
for each day the customer is not able to access telephone
service of the telephone provider for a period of 4 hours or
more.
(3) Refund.--
(A) In general.--If a customer terminates telephone
service with a telephone provider, any credit issued
under this section that exceeds the amount due on a
billing statement shall be issued to the customer not
later than 30 days after the date of the outage in the
form of a check in the customer's name, or by issuance
of a no-fee prepaid debit card, or by electronic
transfer, at the election of the customer, in the
amount such credit exceeds such amount due.
(B) Exception.--A telephone provider shall not be
required to issue a refund under subparagraph (A) if
the amount of the refund exceeds the cost of
disbursement under all methods permitted under this
section. 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 disbursement.
(e) Pre-Planned Maintenance.--Subsections (a) through (d) 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 unavailable.
(f) Enforcement.--Not later than 18 months after the date of
enactment of this Act, the Federal Communications Commission shall
issue rules implementing the requirements under this section, including
penalties for failure to comply.
(g) 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 regulations.
SEC. 4. CUSTOMER SERVICE IMPROVEMENTS.
(a) In General.--
(1) Federal communications commission.--Not later than 18
months after the date of enactment of this Act, the Federal
Communications Commission shall issue rules to require that
each telephone provider, cable provider, DBS provider, and
internet provider--
(A) extend cable customer service requirements to
direct broadcast satellite, voice, and broadband
service, as applicable, including by making customer
service accessible for those with disabilities;
(B) maintain recordings of customer service calls
for not less than 1 year and release a recording of a
customer service call to a customer or the customer's
agent, upon request; and
(C) not associate any fee with the option to
receive a call from a customer service representative
at such time as a representative becomes available.
(2) Federal trade commission.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Federal Trade
Commission shall issue rules with respect to telephone
providers, cable providers, DBS providers, and internet
providers to--
(i) implement standards for missed service
appointments; and
(ii) assess the burden of returning
equipment for those with disabilities or
individuals who do not drive and if, in the
determination of the Federal Trade Commission,
the burden is sufficiently high, require the
provider to offer alternate means of return at
no extra cost to such individuals.
(B) Injunction authority.--The Federal Trade
Commission shall have authority under section 13(b) of
the Federal Trade Commission Act (15 U.S.C. 53(b)) to
seek a preliminary or permanent injunctions to enforce
any requirement under subparagraph (A).
(b) Rule of Construction.--Nothing in this section shall prohibit a
State, or subdivision of a State, from imposing requirements higher
than or in addition to the requirements imposed pursuant to this
section.
SEC. 5. SERVICE OUTAGES.
As soon as possible following the activation of the Disaster
Information Reporting System described in section 4.18 of title 47,
Code of Federal Regulations, or any successor regulation, 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 System.
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