Senate Bill S5525A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5525--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, HINCHEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications  -- recommitted to the Committee on Energy and Telecom-
   munications in accordance with Senate Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 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  GUIDE-
 LINES  AS  UPDATED  PERIODICALLY  IN  THE FEDERAL REGISTER BY THE UNITED
 STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42
 U.S.C. § 9902(2); OR (C) IS ELIGIBLE FOR, OR RECEIVING THE  SUPPLEMENTAL
 NUTRITION  ASSISTANCE  PROGRAM  BENEFITS;  OR  (D)  IS  ELIGIBLE FOR, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09898-04-2
              

 S. 5525--A                          2
 
 RECEIVING MEDICAID BENEFITS; OR (E) IS  ELIGIBLE  FOR,  OR  ENROLLED  IN
 SENIOR  CITIZEN  RENT  INCREASE  EXEMPTION;  OR  (F) IS ELIGIBLE FOR, OR
 ENROLLED IN DISABILITY RENT INCREASE EXEMPTION; OR (G) IS A RECIPIENT OF
 AN  AFFORDABILITY  BENEFIT  FROM  A  UTILITY.  SUCH LOW-INCOME BROADBAND
 SERVICE SHALL PROVIDE A MINIMUM DOWNLOAD SPEED EQUAL TO THE  GREATER  OF
 ONE  HUNDRED MEGABITS PER SECOND DOWNLOAD SPEED OR THE DOWNLOAD SPEED OF
 THE PROVIDER'S EXISTING LOW-INCOME BROADBAND SERVICE SOLD  TO  CUSTOMERS
 IN  THE  STATE,  AND  A MINIMUM UPLOAD SPEED EQUAL TO THE GREATER OF TEN
 MEGABITS PER SECOND OR THE UPLOAD SPEED OF THE PROVIDER'S EXISTING  LOW-
 INCOME  BROADBAND  SERVICE  SOLD  TO  CUSTOMERS IN THE STATE, SUBJECT TO
 EXCEPTIONS ADOPTED BY THE PUBLIC SERVICE COMMISSION  WHERE  SUCH  SPEEDS
 ARE UNREASONABLE AND IMPRACTICABLE.
   3.  BROADBAND  SERVICE  FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS
 SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN  FIVE  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. ANY CONTRACT OR AGREEMENT FOR BROADBAND SERVICE TARGETED TO LOW-IN-
 COME CONSUMERS PROVIDED BY AN ENTITY DESCRIBED  IN  SUBDIVISION  TWO  OF
 THIS SECTION, PURSUANT TO THIS SECTION OR OTHERWISE, SHALL HAVE THE SAME
 TERMS  AND  CONDITIONS,  OTHER THAN PRICE AND SPEED SET PURSUANT TO THIS
 SECTION, AS FOR THE  REGULARLY  PRICED  OFFERINGS  FOR  SIMILAR  SERVICE
 PROVIDED BY SUCH ENTITY.
   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;
 (G) A DESCRIPTION OF THE NUMBER OF CUSTOMERS IN ARREARS FOR THE  PAYMENT
 FOR  BROADBAND  SERVICE, PERCENTAGE OF CUSTOMERS IN ARREARS THAT QUALIFY
 FOR LOW-INCOME BROADBAND SERVICE, THE NUMBER OF HOUSEHOLDS THAT HAVE HAD
 THEIR SERVICE TERMINATED AS A  RESULT  OF  NON-PAYMENT,  THE  NUMBER  OF
 CUSTOMERS WHOSE SERVICE WAS TERMINATED FOR ARREARS ARISING FROM NON-PAY-
 MENT FOR SERVICES OTHER THAN BROADBAND SERVICE, AND THE NUMBER OF HOUSE-
 S. 5525--A                          3
 
 HOLDS  THAT HAVE THEIR BROADBAND SERVICE RESTORED AFTER BEING DELINQUENT
 ON THEIR PAYMENTS; AND (H) 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
 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 on the thirtieth day  after  it  shall
 have become a law.