S T A T E O F N E W Y O R K
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6259--A
Cal. No. 207
2021-2022 Regular Sessions
I N A S S E M B L Y
March 11, 2021
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Introduced by M. of A. PAULIN, OTIS -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- ordered to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the general business law, in relation to broadband
service for low-income consumers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new
section 399-zzzzzz to read as follows:
§ 399-ZZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A
MASS-MARKET RETAIL SERVICE 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 OPERA-
TION OF THE COMMUNICATIONS SERVICE PROVIDED BY A WIRELINE, FIXED WIRE-
LESS OR SATELLITE SERVICE PROVIDER, BUT SHALL NOT INCLUDE DIAL-UP
SERVICE.
2. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
SEEKING TO PROVIDE WIRELINE, FIXED WIRELESS OR SATELLITE BROADBAND
SERVICE IN NEW YORK STATE SHALL, NO LATER THAN SIXTY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED BROADBAND SERVICE TO
LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A) IS ELIGIBLE FOR FREE OR
REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM; OR (B)
WHOSE ANNUAL GROSS HOUSEHOLD INCOME IS NOT IN EXCESS OF ONE HUNDRED
EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIOD-
ICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2). SUCH
LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A MINIMUM DOWNLOAD SPEED
EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS PER SECOND DOWNLOAD SPEED
OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING LOW-INCOME BROADBAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10455-05-2
A. 6259--A 2
SERVICE SOLD TO CUSTOMERS IN THE STATE SUBJECT TO EXCEPTIONS ADOPTED BY
THE PUBLIC SERVICE COMMISSION WHERE SUCH DOWNLOAD SPEED IS NOT REASON-
ABLY PRACTICABLE.
3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS
SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER
MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING
RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND
SERVICE AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN-
COME BROADBAND SERVICE SUBSCRIBERS TO PURCHASE STANDALONE OR BUNDLED
CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY,
ONCE EVERY FIVE YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS
AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE
BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A
MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE.
4. A BROADBAND SERVICE PROVIDER WHO OFFERS A HIGH SPEED BROADBAND
SERVICE TO ELIGIBLE LOW-INCOME CUSTOMERS, AS SUCH TERM IS USED IN SUBDI-
VISION TWO OF THIS SECTION, AT A DOWNLOAD SPEED OF TWO HUNDRED MEGABITS
PER SECOND OR GREATER AT A COST OF NO MORE THAN TWENTY DOLLARS PER
MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING
RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND
SERVICE AND USAGE FEES, SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THE
REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION. SUCH PROVID-
ERS MAY, ONCE EVERY TWO YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS
CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF
SUCH SERVICE BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER
PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH
SERVICE.
5. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL
COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI-
TY OF BROADBAND SERVICE FOR LOW-INCOME CONSUMERS INCLUDING, BUT NOT
LIMITED TO, THE PROMINENT DISPLAY OF, AND ENROLLMENT PROCEDURES FOR,
SUCH SERVICE ON ITS WEBSITE AND IN ANY WRITTEN AND COMMERCIAL PROMO-
TIONAL MATERIALS DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR
SERVICE PURSUANT TO THIS SECTION.
6. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL ANNUALLY
SUBMIT TO THE DEPARTMENT OF PUBLIC SERVICE, NO LATER THAN NOVEMBER
FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER,
A COMPLIANCE REPORT SETTING FORTH: (A) A DESCRIPTION OF THE SERVICE
OFFERED PURSUANT TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED
IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI-
FY THE ELIGIBILITY OF CUSTOMERS RECEIVING SUCH SERVICE; (D) A
DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER-
TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E) A DESCRIPTION OF ALL
RETAIL RATE PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI-
NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION, INCLUDING SPEED
AND PRICE, OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK;
AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC SERVICE MAY
REQUIRE.
7. THE DEPARTMENT OF PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE
EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER,
UNDERTAKE A PROCEEDING TO DETERMINE IF THE MINIMUM BROADBAND DOWNLOAD
SPEED IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS
COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO ANOTHER MINIMUM
BROADBAND DOWNLOAD SPEED IF THE FEDERAL COMMUNICATIONS COMMISSION HAS
A. 6259--A 3
NOT INCREASED ITS BENCHMARK BY SUCH DATE. THE DEPARTMENT OF PUBLIC
SERVICE SHALL ALSO: (A) UNDERTAKE APPROPRIATE MEASURES TO INFORM THE
PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT
OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY, BUT NO LESS
THAN ONCE EVERY FIVE YEARS, REVIEW ELIGIBILITY REQUIREMENTS FOR THE
LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION, AND UPDATE SUCH
REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS.
8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
§ 2. This act shall take effect immediately.