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
                                ___________
 
 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.