(6) Consumers need accurate information be-
fore 
selecting 
a 
provider 
of 
wireless 
mobile 
broadband service. 
(7) Providers and other sellers of advanced 
wireless mobile broadband service should be required 
to make accurate and reasonable disclosures of the 
terms and conditions of such service in order to give 
consumers the necessary information to make in-
formed decisions about such service and to promote 
greater transparency in the market. 
SEC. 3. REQUIRED DISCLOSURES OF TERMS AND CONDI-
TIONS OF ADVANCED WIRELESS MOBILE 
BROADBAND SERVICE. 
(a) SALE TO CONSUMERS.— 
(1) IN GENERAL.—A person who sells advanced 
wireless mobile broadband service directly to a con-
sumer shall accurately disclose the terms and condi-
tions of such service by displaying such terms and 
conditions consistently, clearly, and prominently in 
all marketing materials for such service, at the point 
of sale of such service, and (in the case of postpaid 
advanced wireless mobile broadband service) in all 
bills for such service. The terms and conditions dis-
closed shall include the information described in sub-
section (c). 
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(2) SPECIAL RULES FOR PREPAID SERVICE.— 
(A) 
OFF-THE-SHELF
TRANSACTIONS.— 
Paragraph (1) does not apply in the case of a 
transaction in which both— 
(i) the consumer receives a device that 
allows the consumer to access a specified 
quantity of prepaid advanced wireless mo-
bile broadband service; and 
(ii) the consumer’s interaction with 
the agents of the person from whom the 
consumer makes the purchase is such that 
the average consumer would not expect 
such agents to have expertise regarding the 
terms and conditions of such service. 
(B) PACKAGERS OF PREPAID SERVICE.—A 
person who packages prepaid advanced wireless 
mobile broadband service for ultimate sale to a 
consumer in a transaction described in subpara-
graph (A) shall accurately disclose the terms 
and conditions of such service by displaying 
such terms and conditions consistently, clearly, 
and prominently in all marketing materials for 
such service and on the packaging of the device 
described in clause (i) of such subparagraph. 
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The terms and conditions disclosed shall include 
the information described in subsection (c). 
(b) SALE TO RESELLERS.—A person who sells ad-
vanced wireless mobile broadband service wholesale to an-
other person for ultimate sale to consumers shall disclose 
to such other person the information necessary to permit 
such other person to comply with subsection (a). 
(c) INFORMATION DESCRIBED.—The information de-
scribed in this subsection is the following: 
(1) The guaranteed minimum transmit and re-
ceive data rates for Internet protocol packets to and 
from on-network hosts for the service, expressed in 
megabits per second. For purposes of the preceding 
sentence, a minimum data rate is not guaranteed 
unless it is available for a percentage of the time in 
a calendar month to be established by the Commis-
sion. 
(2) The reliability rating of the service. The 
Commission shall establish a standard method that 
shall be used to calculate the reliability rating of the 
service, which shall be based on the data session 
start success percentage (network accessibility) and 
the data session completion success percentage (net-
work retainability) of the service. 
(3) The price of the service stated in terms of— 
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(A) in the case of service that is priced 
based on the volume of data sent or received, 
the price per unit of data sent or received; or 
(B) in the case of service for which a flat 
rate is charged for service over a given time pe-
riod— 
(i) the flat rate; and 
(ii) a detailed description of any limits 
on the use of such service over such time 
period, by volume of data sent or received 
or otherwise. 
(4) Any other charges that the consumer of the 
service will incur that are not included in the price 
as stated pursuant to paragraph (3). 
(5) The network management policies of the 
service with respect to Internet protocol packets to 
and from on-network hosts, including the following: 
(A) Any business practices or technical 
mechanisms employed by the service provider, 
other than standard best-effort delivery, that al-
locate capacity or prioritize traffic differently on 
the basis of the source of the applications, con-
tent, or services. 
(B) Any limits or prohibitions on the use 
of certain applications or services. 
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(C) Any traffic shaping or throttling mech-
anisms that affect the service as a result of ex-
ceeding certain usage limits. 
(6) The technology used to provide the service, 
such as LTE (Long Term Evolution), WiMAX 
(Worldwide Interoperability for Microwave Access), 
or HSPA+ (Evolved High Speed Packet Access). 
(7) The uniform resource locator of a website 
(together with a brief description of the contents of 
the website) on which is located the following: 
(A) The complete terms of service, accept-
able use policy, and any other documentation 
related to the network management policies of 
the service provider. 
(B) A map of the coverage area of the 
service. If different technologies are used to 
provide the service in different geographic 
areas, the map shall indicate the technology 
used in each area. 
(d) MANNER
AND FORM
OF DISCLOSURES.—The 
Commission may prescribe the manner and form of the 
disclosures required by this section. 
(e) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Commission 
shall promulgate regulations implementing this section. 
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