Transparency for Cable Consumers Act

I 116TH CONGRESS 1ST SESSION H. R. 1555 To amend the Communications Act of 1934 to require cable operators and internet service providers who are subject to State fines to submit a report, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 6, 2019 Mr. BRINDISI introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to require cable operators and internet service providers who are subject to State fines to submit a report, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transparency for 4 Cable Consumers Act’’. 5 VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1555 IH SEC. 2. FCC REPORTING REQUIREMENT FOR CABLE OPER- 1 ATORS AND INTERNET SERVICE PROVIDERS 2 WHO ARE SUBJECT TO STATE FINES. 3 Title VII of the Communications Act of 1934 (47 4 U.S.C. 601 et. seq.) is amended by adding at the end the 5 following new section: 6 ‘‘SEC. 723. REPORTING REQUIREMENT FOR CABLE OPERA- 7 TORS AND INTERNET SERVICE PROVIDERS 8 SUBJECT TO STATE FINES AND PENALTIES. 9 ‘‘(a) REPORT REQUIRED.—Not later than October 1 10 of each year for a period of ten years that begins the year 11 following a year in which a cable operator or internet serv- 12 ice provider begins making payments to a State that quali- 13 fies the operator or provider as a covered entity, the cov- 14 ered entity shall submit to the Commission a report that 15 includes the following: 16 ‘‘(1) The total number of customers the covered 17 entity has in each county in which the covered entity 18 operates in that State. For the second through tenth 19 such report, the percentage increase or decrease 20 from the previous 12 months for each such county. 21 ‘‘(2) The average monthly customer billed 22 amount in each county in which the covered entity 23 operates in that State for the previous 12 months. 24 For the second through tenth such report, the per- 25 VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1555 IH centage increase or decrease from the previous 12 1 months for each county. 2 ‘‘(3) In the case of a cable provider that is a 3 covered entity, the average billed amount for cable 4 service for each county in which the covered entity 5 operates in that State for the previous 12 months. 6 ‘‘(4) In the case of an internet service provider 7 that is a covered entity, the average billed amount 8 for broadband internet service for each county in 9 which the covered entity operates in that State for 10 the previous 12 months. 11 ‘‘(5) In the case of a covered entity that is a 12 cable operator and an internet service provider, a 13 separate report for both the average billed amount 14 for cable service and the average billed amount for 15 broadband internet service for each county in which 16 the covered entity operates in that State for the pre- 17 vious 12 months. 18 ‘‘(6) The average internet speeds delivered to 19 customers in each county in which the covered entity 20 has operated in that State for the previous 12 21 months, including the average upload and download 22 speed. For years 2–10 of the reporting requirement, 23 this must also include the percentage increase or de- 24 crease from the previous year for each county. 25 VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1555 IH ‘‘(7) A list of all additional fees which appeared 1 on customers’ bills during the past 12 months as 2 well as the average charge for each fee for each 3 county in which the company operates in that State. 4 For the second through tenth such report, the per- 5 centage increase or decrease from the previous 12 6 months for each county. 7 ‘‘(b) SUBMISSION TO CONGRESS.—Not later than 30 8 days after the date on which the Commission receives a 9 report under subsection (a), the Commission shall submit 10 such report to each Member of Congress from the relevant 11 State. 12 ‘‘(c) DEFINITIONS.—In this section: 13 ‘‘(1) BROADBAND INTERNET SERVICE.—The 14 term ‘broadband internet service’— 15 ‘‘(A) means a mass-market retail service 16 by wire or radio that provides the capability to 17 transmit data to and receive data from all or 18 substantially all internet endpoints, including 19 any capabilities that are incidental to and en- 20 able the operation of the communications serv- 21 ice; 22 ‘‘(B) does not include dial-up internet ac- 23 cess service; and 24 VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1555 IH ‘‘(C) includes any service that the Commis- 1 sion finds to be providing a functional equiva- 2 lent of the service described in subparagraph 3 (A) or that is used to evade the protections set 4 forth in part 8 of title 47, Code of Federal Reg- 5 ulations. 6 ‘‘(2) CABLE OPERATOR; CABLE SERVICE.—The 7 terms ‘cable operator’ and ‘cable service’ have the 8 meanings given those terms in section 602. 9 ‘‘(3) COUNTY.—The term ‘county’ includes a 10 parish or borough. 11 ‘‘(4) COVERED ENTITY.—The term ‘covered en- 12 tity’ means a cable operator or internet service pro- 13 vider that is directed by a State Public Service Com- 14 mission or State Department of Public Service to 15 pay $1,000,000 or more to the State in fines or pen- 16 alties. 17 ‘‘(5) INTERNET SERVICE PROVIDER.—The term 18 ‘internet service provider’ means any person or 19 group of persons that provides broadband internet 20 access service. 21 ‘‘(6) MEMBER OF CONGRESS.—The term ‘Mem- 22 ber of Congress’ means a Senator or a Representa- 23 VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1555 IH tive in, or Delegate or Resident Commissioner to, 1 the Congress.’’. 2 Æ VerDate Sep 11 2014 18:14 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1555.IH H1555 pamtmann on DSKBFK8HB2PROD with BILLS