Communications service fees

(a) Ending early termination fees (1) In general A provider of a covered service may not charge a fee to, or impose a requirement that is excessive or unreasonable on, a consumer for the termination of a covered service before the end of any period specified in any agreement between the provider and the consumer. (2) Ending excess billing cycle charges After termination of a covered service, the provider of the covered service shall provide to the consumer a prorated credit or rebate for the remaining days in the billing cycle. (3) Device purchase and return This subsection does not prevent a provider of a covered service from charging a consumer for— (A) the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time; or (B) the outstanding cost of a purchased device. (4) Regulations The Federal Communications Commission may promulgate regulations to carry out this subsection. (b) Truth in billing and advertising (1) Aggregate price transparency in billing (A) In general A provider of a covered service shall state an aggregate price for the covered service through a single, clear, easy-to-understand, and accurate line item on the bill of a consumer, including a bill for a legacy or grandfathered covered service plan. (B) Disclosure of end date of introductory or temporary price A provider of a covered service shall state, on the bill of each consumer paying an introductory or temporary price, the date on which the introductory or temporary price ends by disclosing— (i) either— (I) the period during which the discounted price will be charged; or (II) the date on which the period will end, resulting in a price change for the covered service; and (ii) the post-promotion rate not later than— (I) 60 days before the date on which the introductory or temporary price ends; and (II) 30 days before such date. (C) Itemization A provider of a covered service may state an itemized explanation of the elements that compose the aggregate price required by subparagraph (A) on the bill of a consumer. (2) Aggregate price transparency for promotional materials (A) In general A provider of a covered service that communicates a price for the covered service in promotional materials shall state an aggregate price for the covered service and, at the option of the provider of the covered service, an itemized explanation of the elements of such price in a clear, easy-to-understand, and accurate manner. (B) Disclosure of location-dependent pricing If the aggregate price described in subparagraph (A) fluctuates based on service location, the provider of a covered service shall state where and how a consumer may obtain the location-specific aggregate price, such as electronically or by contacting a customer service or sales representative. (C) Disclosure of temporary aggregate pricing If part or all of the aggregate price described in subparagraph (A) is temporary, a provider of a covered service shall state the post-promotion rate, the date on which the post-promotion rate was calculated, and the period for which each rate applies in the promotional materials. (D) Itemization A provider of a covered service may state an itemized explanation of the elements that compose the aggregate price required by subparagraph (A) in the promotional materials. (E) Exception The requirements under this paragraph shall not apply to the marketing of legacy or grandfathered covered service plans that are not generally available to new customers. (c) Rulemaking on mandatory fees (1) Initial rulemaking proceeding Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking proceeding— (A) to consider whether and how the Federal Communications Commission should— (i) require the disclosure of mandatory fees with respect to a covered service; or (ii) prohibit the imposition of mandatory fees with respect to a covered service, in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service; and (B) in which the Federal Communications Commission may promulgate regulations to implement the requirements or prohibitions described in subparagraph (A). (2) Subsequent study or regulations Any time after the completion of the rulemaking proceeding required under paragraph (1), the Federal Communications Commission may conduct a study or promulgate regulations regarding mandatory fees with respect to covered services. (d) Enforcement (1) In general A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under that Act. (2) Manner of enforcement The Federal Communications Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.) were incorporated into and made a part of this section. (e) Definitions In this section: (1) Covered service The term covered service — (A) means— (i) broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)); (ii) voice service (as defined in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8))); (iii) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))); (iv) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)); or (v) a service provided by a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522)), to the extent that such distributor is acting as a multichannel video programming distributor; and (B) includes any other service offered or provided as part of a bundle or package with any service described in clauses (i) through (v) of subparagraph (A). (2) Mandatory fee The term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a covered service; (B) any fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; and (D) any other fee or surcharge determined appropriate by the Federal Communications Commission. (3) Promotional material The term promotional material includes video programming in which a provider of a covered service advertises or markets a covered service to consumers.