Bill Text: NY S05525 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires broadband providers to offer high speed broadband service to certain low-income consumers at a cost of not more than five dollars per month.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-08-29 - PRINT NUMBER 5525A [S05525 Detail]

Download: New_York-2021-S05525-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5525

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 9, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        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:

     1    Section  1.    The  general  business  law  is amended by adding a new
     2  section 399-zzzzz to read as follows:
     3    § 399-zzzzz. Broadband service for low-income consumers.  1.  For  the
     4  purposes  of  this  section,  the  term "broadband service" shall mean a
     5  mass-market retail service that provides the capability to transmit data
     6  to and receive data from all or substantially  all  internet  endpoints,
     7  including  any capabilities that are incidental to and enable the opera-
     8  tion of the communications service provided by a wireline,  fixed  wire-
     9  less  or  satellite  service  provider,  but  shall  not include dial-up
    10  service.
    11    2. Every person, business, corporation, or their agents  providing  or
    12  seeking  to  provide broadband service in New York state shall, no later
    13  than sixty days after the effective date of  this  section,  offer  high
    14  speed  broadband service to low-income consumers whose household: (a) is
    15  eligible for free or reduced-priced lunch through  the  National  School
    16  Lunch  Program;  or  (b)  whose  annual gross household income is not in
    17  excess of one hundred eighty-five percent of the federal poverty  guide-
    18  lines  as  updated  periodically  in  the Federal Register by the United
    19  States Department of Health and Human Services under the authority of 42
    20  U.S.C. § 9902(2); or (c) is eligible for, or receiving the  supplemental
    21  nutrition  assistance  program  benefits;  or  (d)  is  eligible for, or
    22  receiving Medicaid benefits; or (e) is  eligible  for,  or  enrolled  in
    23  senior  citizen  rent  increase  exemption;  or  (f) is eligible for, or
    24  enrolled in disability rent increase exemption; or (g) is a recipient of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09898-02-1
        S. 5525                             2

     1  an affordability benefit  from  a  utility.  Such  low-income  broadband
     2  service  shall  provide a minimum download speed equal to the greater of
     3  one hundred megabits per second download speed or the download speed  of
     4  the  provider's  existing low-income broadband service sold to customers
     5  in the state, and a minimum upload speed equal to  the  greater  of  ten
     6  megabits  per second or the upload speed of the provider's existing low-
     7  income broadband service sold to customers  in  the  state,  subject  to
     8  exceptions  adopted  by  the public service commission where such speeds
     9  are unreasonable and impracticable.
    10    3. Broadband service for low-income consumers, as set  forth  in  this
    11  section,  shall  be  provided at a cost of no more than five dollars per
    12  month, inclusive of any recurring  taxes  and  fees  such  as  recurring
    13  rental  fees for service provider equipment required to obtain broadband
    14  service and usage fees. Broadband service providers shall allow  low-in-
    15  come  broadband  service  subscribers  to purchase standalone or bundled
    16  cable and/or phone services separately. Broadband service providers may,
    17  once every five years, and after thirty days' notice  to  its  customers
    18  and the department of public service, increase the price of this service
    19  by the lesser of the most recent change in the consumer price index or a
    20  maximum of two percent per year of the price for such service.
    21    4. Any contract or agreement for broadband service targeted to low-in-
    22  come  consumers  provided  by  an entity described in subdivision two of
    23  this section, pursuant to this section or otherwise, shall have the same
    24  terms and conditions, other than price and speed set  pursuant  to  this
    25  section,  as  for  the  regularly  priced  offerings for similar service
    26  provided by such entity.
    27    5. Every person, business, corporation, or their agents  providing  or
    28  seeking  to  provide  broadband service in New York state shall make all
    29  commercially reasonable efforts to promote and advertise the availabili-
    30  ty of broadband service for  low-income  consumers  including,  but  not
    31  limited  to,  the  prominent  display of, and enrollment procedures for,
    32  such service on its website and in any  written  and  commercial  promo-
    33  tional  materials  developed to inform consumers who may be eligible for
    34  service pursuant to this section.
    35    6. Every person, business, corporation, or their agents  providing  or
    36  seeking  to  provide  broadband service in New York state shall annually
    37  submit to the department of  public  service,  no  later  than  November
    38  fifteenth after the effective date of this act, and annually thereafter,
    39  a  compliance  report  setting  forth:  (a) a description of the service
    40  offered pursuant to this section; (b) the number of  consumers  enrolled
    41  in such service; (c) a description of the procedures being used to veri-
    42  fy   the   eligibility  of  customers  receiving  such  service;  (d)  a
    43  description and samples of the advertising or marketing  efforts  under-
    44  taken  to  advertise  or  promote such service; (e) a description of all
    45  retail rate products, including pricing, offered by such  person,  busi-
    46  ness,  corporation,  or their agents; (f) a description, including speed
    47  and price, of all broadband products offered in the state of  New  York;
    48  (g)  a description of the number of customers in arrears for the payment
    49  for broadband service, percentage of customers in arrears  that  qualify
    50  for low-income broadband service, the number of households that have had
    51  their  service  terminated  as  a  result  of non-payment, the number of
    52  customers whose service was terminated for arrears arising from non-pay-
    53  ment for services other than broadband service, and the number of house-
    54  holds that have their broadband service restored after being  delinquent
    55  on  their  payments; and (h) such other information as the department of
    56  public service may require.
        S. 5525                             3

     1    7. The department of public service shall, within  two  years  of  the
     2  effective date of this section and at least every five years thereafter,
     3  undertake  a  proceeding  to determine if the minimum broadband download
     4  speed in this section should be increased to the federal  communications
     5  commission's  benchmark  broadband download speed, or to another minimum
     6  broadband download speed if the federal  communications  commission  has
     7  not  increased  its  benchmark  by such date.   The department of public
     8  service shall also: (a) undertake appropriate  measures  to  inform  the
     9  public about available broadband products, including retail rate product
    10  offerings  and  low-income  offerings; and (b) periodically, but no less
    11  than once every five years,  review  eligibility  requirements  for  the
    12  low-income  service  required  pursuant to this section, and update such
    13  requirements as may be necessary to meet the needs of consumers.
    14    8. Whenever there shall be a violation of this section, an application
    15  may be made by the attorney general in the name of  the  people  of  the
    16  state of New York to a court or justice having jurisdiction by a special
    17  proceeding  to  issue an injunction, and upon notice to the defendant of
    18  not less than five days, to enjoin and restrain the continuance of  such
    19  violation;  and  if  it shall appear to the satisfaction of the court or
    20  justice that the defendant has,  in  fact,  violated  this  section,  an
    21  injunction  may  be  issued  by  the  court  or  justice,  enjoining and
    22  restraining any further violations, without  requiring  proof  that  any
    23  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    24  proceeding, the court may make allowances to  the  attorney  general  as
    25  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    26  hundred three of the civil practice law and rules, and  direct  restitu-
    27  tion.  Whenever  the  court  shall  determine  that  a violation of this
    28  section has occurred, the court may impose a civil penalty of  not  more
    29  than  one  thousand  dollars  per violation. In connection with any such
    30  proposed application, the attorney general is authorized to  take  proof
    31  and make a determination of the relevant facts and to issue subpoenas in
    32  accordance with the civil practice law and rules.
    33    §  2.  This  act shall take effect on the thirtieth day after it shall
    34  have become a law.