Democrats try to ban Internet shutoffs until pandemic is over

A proposed US law would make it illegal for telecom providers to terminate Internet or phone service during the COVID-19 pandemic. The bill was submitted in the Senate today by Sens. Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), and Ron Wyden (D-Ore.).

“Now—as millions of Americans hunker down, work from home, and engage in remote learning—would be the absolute worst time for Americans to lose a critical utility like Internet service,” Merkley said in an announcement.

Separately, House Democratic leadership today unveiled a $3 trillion relief package that includes at least $4 billion for an “emergency broadband connectivity fund.” That money, if approved, would be given to ISPs that provide discounts to low-income households and people who lose their jobs. Subsidies would be up to $50 a month for most low-income households and up to $75 for households in tribal areas. Another $1.5 billion would be allotted to Wi-Fi hotspots and other telecom equipment for schools and libraries.

The relief package also includes a provision that “prohibits telephone and broadband service providers from stopping service to consumers unable to pay during the duration of the emergency,” according to House Democrats.

Bill goes beyond FCC’s voluntary pledge

Merkley’s Senate bill would impose actual requirements with penalties for ISPs that disconnect customers during the pandemic, whereas the Federal Communications Commission merely asked ISPs to sign a voluntary pledge not to terminate service to residential or small-business customers who aren’t able to pay bills because of the pandemic. The FCC’s authority to protect consumers from ISPs was gutted in 2017 when Chairman Ajit Pai deregulated the broadband industry as part of his net neutrality repeal.

The FCC pledge was signed by more than 700 companies but left ISPs wiggle room to disconnect customers who don’t notify the provider that their inability to pay was caused by the pandemic. NBCNews reported last month that some unemployed people were losing service despite the FCC pledge; Verizon clarified at the time that “customers need to proactively reach out to us to seek relief.”

Merkley, Sanders, and Wyden want to prevent the shutoffs from happening at all and force ISPs to reconnect customers who were disconnected after the pandemic began. The bill would be retroactive to March 13, 2020. Any provider that terminated voice or Internet service on or after that date “shall immediately resume providing the service upon the date of enactment of this Act,” the bill says.

Law would be in effect at least six more months

The bill’s provisions would remain in effect until “180 days after the date on which the COVID–19 emergency [declared by President Trump] terminates.” During this time, telecoms would not be allowed to disconnect voice or Internet service except “at the request of the customer; to protect the network of the provider from abuse,” or to comply with legal requirements.

On the latter point, ISPs would be allowed to disconnect service “in cooperation with a law enforcement agency to protect life and safety in exigent circumstances,” to comply with a “valid court order,” or “in accordance with” the Digital Millennium Copyright Act’s safe harbor provision.

Telecoms that terminate service in other circumstances, such as when a customer cannot pay the bill, would have to pay fines of up to $100 for each day of the violation. The Federal Communications Commission would be required to use proceeds from such fines “to provide assistance to low-income individuals who lack access to affordable broadband service due to the COVID–19 emergency,” the bill says.

The bill would also let individual customers or state attorneys general sue providers that disconnect service during the pandemic. The bill doesn’t seem to address what would happen after the pandemic, when ISPs could disconnect customers who don’t pay the full past-due amounts, however.

Merkley’s announcement pitched the no-telecom-shutoffs bill as “a complement” to legislation submitted by Reps. Rashida Tlaib (D-Mich.) and Debbie Dingell (D-Mich.) that would impose a “moratorium on water, electricity, and gas disconnections. Together in a COVID-19 package, the legislation would ensure that Americans have access to the utilities that are even more essential during the COVID-19 pandemic.”

Also today, Democratic senators including Ed Markey (D-Mass.) and Minority Leader Chuck Schumer (D-N.Y.) pitched a $4 billion plan to expand home-Internet access for K-12 students.