[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7453 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7453
To amend the Communications Act of 1934 to prohibit providers of
broadband internet access service from increasing rates or enforcing
data caps or allowances during an emergency or major disaster, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2024
Mr. Van Drew introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to prohibit providers of
broadband internet access service from increasing rates or enforcing
data caps or allowances during an emergency or major disaster, 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 ``New Overages in Crisis Areas
Prevention Act'' or the ``NO CAP Act''.
SEC. 2. REQUIREMENTS FOR BROADBAND PROVIDERS DURING EMERGENCIES AND
MAJOR DISASTERS.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 723. REQUIREMENTS FOR BROADBAND PROVIDERS DURING EMERGENCIES AND
MAJOR DISASTERS.
``(a) In General.--During a covered period with respect to a
covered area, a provider of broadband internet access service may not,
with respect to a customer of such provider in such area--
``(1) increase any rate, fee, or other charge relating to
such service;
``(2) impose any rate, fee, or other charge relating to
such service that did not apply before such period; or
``(3) enforce any data cap or allowance, regardless of
whether such data cap or allowance applied before such period.
``(b) Inapplicability to Mobile Broadband Internet Access
Service.--This section does not apply with respect to mobile broadband
internet access service.
``(c) Definitions.--In this section:
``(1) Broadband internet access service.--
``(A) In general.--The term `broadband internet
access service' means a mass-market retail service by
wire or radio that provides the capability to transmit
data to and receive data from all or substantially all
internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up internet
access service.
``(B) Functional equivalent; evasion.--The term
`broadband internet access service' includes any
service that--
``(i) provides a functional equivalent of
the service described in subparagraph (A); or
``(ii) is used to evade the protections set
forth in this section.
``(2) Covered area.--The term `covered area' means a
geographical area with respect to which--
``(A) a major disaster or emergency is declared
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
``(B) a public health emergency is declared under
section 319 of the Public Health Service Act (42 U.S.C.
247d).
``(3) Covered period.--The term `covered period' means,
with respect to a covered area, the period that--
``(A) begins on the date of the declaration with
respect to such area of--
``(i) a major disaster or emergency under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); or
``(ii) a public health emergency under
section 319 of the Public Health Service Act
(42 U.S.C. 247d); and
``(B) ends on the date that is 60 days after the
termination of such major disaster, emergency, or
public health emergency (as the case may be).
``(4) Data cap or allowance.--The term `data cap or
allowance' means a limit on, or a fee-based structure with the
purpose of limiting, the number of bits a customer may download
or upload using broadband internet access service during a
period of time specified by the provider of such service.
``(5) Educational institution.--The term `educational
institution' means--
``(A) an elementary school (as defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
``(B) a secondary school (as defined in such
section); and
``(C) an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)).
``(6) Mobile broadband internet access service.--
``(A) In general.--The term `mobile broadband
internet access service' means a broadband internet
access service that serves end users primarily using
mobile stations.
``(B) Inclusions.--The term `mobile broadband
internet access service' includes--
``(i) broadband internet access services
that use smartphones or mobile-network-enabled
tablet computers as the primary endpoints for
connection to the internet; and
``(ii) mobile satellite broadband services.
``(C) Exclusion.--The term `mobile broadband
internet access service' does not include a broadband
internet access service provided to an educational
institution and made available by such institution for
educational purposes to students enrolled at such
institution.''.
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