S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1714
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04269-01-3
              

 A. 1714                             2
 
 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-
 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.
 A. 1714                             3
 
   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.