S. 4557

[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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