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Code · BILL · 116th Congress · H.R. 6800 (Placed on Calendar Senate) — Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. · Sec. 130401

Sec. 130401. Continued connectivity during emergency periods relating to COVID–19

612 words·~3 min read·/bill/116/hr/6800/pcs/section-130401

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Title VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq.) is amended by adding at the end the following: During an emergency period described in subsection (b), it shall be unlawful— for a provider of advanced telecommunications service or voice service to— terminate, reduce, or change such service provided to any individual customer or small business because of the inability of the individual customer or small business to pay for such service if the individual customer or small business certifies to such provider that such inability to pay is a result of disruptions caused by the public health emergency to which such emergency period relates; or impose late fees on any individual customer or small business because of the inability of the individual customer or small business to pay for such service if the individual customer or small business certifies to such provider that such inability to pay is a result of disruptions caused by the public health emergency to which such emergency period relates; for a provider of advanced telecommunications service to, during such emergency period— employ a limit on the amount of data allotted to an individual customer or small business during such emergency period, except that such provider may engage in reasonable network management; or charge an individual customer or small business an additional fee for exceeding the limit on the data allotted to an individual customer or small business; or for a provider of advanced telecommunications service that had functioning Wi-Fi hotspots available to subscribers in public places on the day before the beginning of such emergency period to fail to make service provided by such Wi-Fi hotspots available to the public at no cost during such emergency period.
Upon a petition by a provider advanced telecommunications service or voice service, the provisions in subsection
(a)may be suspended or waived by the Commission at any time, in whole or in part, for good cause shown. An emergency period described in this subsection is any portion beginning on or after the date of the enactment of this section of the duration of a public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) as a result of COVID–19, including any renewal thereof. In this section: The term advanced telecommunications service means a service that provides advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 )). The term broadband internet access service has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation). The term individual customer means an individual who contracts with a mass-market retail provider of advanced telecommunications service or voice service to provide service to such individual. The term reasonable network management — means the use of a practice that— has a primarily technical network management justification; and is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the service; and does not include other business practices. The term small business has the meaning given such term under section 601(3) of title 5, United States Code. The term voice service has the meaning given such term under section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) ). The term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard). The term Wi-Fi hotspot means a device that is capable of— receiving mobile broadband internet access service; and sharing such service with another device through the use of Wi-Fi. .
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