[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10683-S10684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 3998. A bill to amend the Servicemembers Civil Relief Act to 
provide relief for servicemembers with respect to contracts for 
cellular phone service, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. FEINGOLD. Mr. President, today I introduce a bill that seeks to 
make life a little easier for our servicemembers and their families 
when they are called up to duty or transferred. We all recognize the 
heroic service the men and women in our armed services provide the 
Nation each day. So when I heard stories about servicemembers and their 
families in Wisconsin having trouble canceling their cell phone 
contracts after being called up, I looked for a way to help. With the 
prospect of a combat assignment, the last thing our men and women in 
uniform should have to worry about are early termination fees or being 
forced to pay for a service they cannot use. I tried to have this 
provision adopted as an amendment to the Defense authorization bill in 
June and, while I was unsuccessful, I will continue to push for the 
adoption of this commonsense measure.
  These problems with canceling cellular phone service have not been 
just isolated incidents. In fact, the issue has been raised by the 
Wisconsin National Guard. I ask unanimous consent that the full 
testimony of First Lieutenant Melissa Inlow of the Wisconsin Army 
National Guard made at a hearing on a Wisconsin State assembly bill in 
April be printed in the Record.
  I just want to highlight one part of that testimony that makes the 
point that this is a real issue facing our servicemembers: ``It's 
becoming increasingly difficult to get cell phone service providers to 
suspend the contract. Even with suspension the soldiers are still 
paying up to $25 a month for a service they cannot reap the benefits 
of. These fees can accumulate to more than the termination fee which on 
average is $200.'' First Lieutenant Inlow went on to specifically 
recommend that the Servicemembers' Civil Relief Act be amended to 
include a section on cellular phones.
  First Lieutenant Inlow and the Wisconsin National Guard are not alone 
in this opinion either. The National Guard Association of the United 
States, the Enlisted Association of the National Guard of the United 
States, and the Military Officers Association of America have all 
expressed support for my amendment--which is virtually identical to the 
legislation I introduce today.
  It is common now for cellular phone contracts to require a contract 
term of up to two years. Along with these long contracts, there are 
often early termination fees of several hundred dollars. When a 
National Guard member is called up to active duty or a soldier is 
transferred overseas or to a base that isn't covered by their current 
provider, they often face the prospect of either paying these 
significant fees or paying monthly fees for the remainder of the 
contract for a service they cannot use. While many servicemembers and 
their families have been able to work with telecommunications companies 
to eventually get the early termination fee canceled, the account 
suspended, or the fees reduced, they have enough to deal with after 
being called up that they should not have this added burden as well.
  My legislation proposes that we bring these cellular phone contracts 
in line with what we have already done for residential and automotive 
leases in the Servicemembers' Civil Relief Act--let the servicemembers 
cancel the contract. Under my proposal, if servicemembers are called up 
for more than 90 days, transferred overseas, or transferred to a U.S. 
duty station where they could not continue their service at the same 
rate, they could cancel their contract without a termination fee.
  While my legislation helps to prevent servicemembers from being 
financially punished for volunteering to protect this country, I have 
also tried to make sure that the telecommunications providers are 
treated fairly as well. That is why I have included a provision that 
would allow the providers to request the return of cell phones provided 
as part of the contract. If the company requests the return under this 
provision, it would also have to give the servicemember the option of 
paying a pro-rated amount for the cell phone should he or she wish to 
keep it. Moreover, if the provider and servicemember mutually agree to 
suspend instead of terminate the contract, the bill makes sure that the 
reactivation fee is waived.
  While this is a modest addition to the rights of servicemembers, it 
is important that we remove as many unfair burdens facing this 
country's men and women in uniform as we can. I hope my colleagues will 
share this view and quickly adopt this nonpartisan proposal.

Testimony for the Record of First Lieutenant Melissa Inlow at a Hearing 
           on Wisconsin Assembly Bill 1174 on April 17, 2006

       Thank you, chairman and members of the committee, for the 
     opportunity to speak. The Department of Military Affairs and 
     the Wisconsin National Guard is in support of senate bill 
     1174. I am First Lieutenant Melissa Inlow, a Judge Advocate 
     General Officer with the Wisconsin Army National Guard. By 
     granting servicemembers the right to terminate their cell 
     phone contracts upon mobilization, you are ensuring further 
     protections and peace of mind for our servicemembers. In 
     August of 2005, I was brought on to provide legal assistance 
     to our deployed servicemembers and their families. Since that 
     time, about 3-5 percent of my time has been dedicated to 
     assisting servicemembers in resolving issues with their cell 
     phone service contracts. It's becoming increasingly difficult 
     to get cell phone service providers to suspend the contract. 
     Even with suspension the soldiers are still paying up to $25 
     a month for service they cannot reap the benefits of. These 
     fees can accumulate to more than the termination fee which on 
     average is $200. I've found it very difficult and sometimes 
     impossible to reach a live person and very difficult to reach 
     a person with decision making authority. Each time I have had 
     to call a cellular phone service provider, I have talked to

[[Page S10684]]

     a different customer service representative, and each has 
     given me a different resolution to the cell phone issue. The 
     companies are lacking significantly in internal consistency 
     when it comes to resolving cell phone contract issues. It has 
     been my experience that the customer service representatives 
     of cell phone companies experience high turn over rate and 
     are not aware of the wireless provider's policy on military 
     suspension. It is extremely frustrating for me; I can only 
     imagine the undue stress and strain it causes our deploying 
     servicemembers and their families that are left behind to 
     deal with these issues. This change will likely help ease the 
     stress deployment phaces on our servicemembers allowing them 
     to focus on their mission. I hope that the Federal Government 
     will follow suit and amend the Servicemember's Civil Relief 
     Act to incorporate a section on cell phone contracts.
                                 ______