H.F. 2504 Section 1. Section 476.103, subsection 2, Code 2022, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0c. “Data overage fee” means an additional 3 financial charge to a consumer’s telecommunications service 4 provider statement due to a consumer’s use of services not 5 covered by the consumer and provider agreement. 6 Sec. 2. Section 476.103, Code 2022, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3A. The board shall adopt rules prohibiting 9 a telecommunications service provider from charging data 10 overage fees to consumers located in this state during a state 11 of disaster emergency or declaration of a major disaster 12 pursuant to section 29C.6. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to natural disasters and prohibited 17 telecommunication service charges. 18 The bill defines “data overage fee” to mean an additional 19 charge to a consumer’s statement due to the consumer’s 20 use of services not covered by the agreement between the 21 telecommunications service provider and the consumer. 22 The bill prohibits telecommunications service providers from 23 charging data overage fees to consumers located in a state or 24 federally declared natural disaster area. Under the bill, 25 a telecommunications service provider charging data overage 26 fees to consumers located in a natural disaster area pursuant 27 to Code section 29C.6 would be subject to board discipline, 28 including a civil penalty of not more than $10,000 per offense 29 pursuant to Code section 476.103. 30 -1- LSB 5997YH (4) 89 es/rn 1/ 1