S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6327--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   broadband service providers to offer low-income households a  discount
   on their broadband service bill
 
   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-zzzzz to read as follows:
   § 399-ZZZZZ. BROADBAND SERVICE DISCOUNT FOR LOW-INCOME HOUSEHOLDS.  1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "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 OPERATION OF THE COMMUNICATIONS
 SERVICE PROVIDED BY A WIRELINE,  FIXED  WIRELESS  OR  SATELLITE  SERVICE
 PROVIDER,  BUT  SHALL  NOT INCLUDE DIAL-UP SERVICE OR DIGITAL SUBSCRIBER
 LINE SERVICE.
   (B) "BROADBAND SERVICE PROVIDER"  SHALL  MEAN  ANY  PERSON,  BUSINESS,
 CORPORATION,  OR THEIR AGENTS, PROVIDING OR SEEKING TO PROVIDE BROADBAND
 SERVICE IN THE STATE OF NEW YORK.
   (C) "ELIGIBLE HOUSEHOLD" SHALL MEAN A HOUSEHOLD:
   (I) THAT IS ELIGIBLE FOR FREE OR REDUCED-PRICED  LUNCH  AUTHORIZED  BY
 THE NATIONAL SCHOOL LUNCH PROGRAM; OR
   (II)  WITH  AN  ANNUAL GROSS HOUSEHOLD INCOME THAT IS NOT IN EXCESS OF
 ONE HUNDRED THIRTY-FIVE PERCENT OF THE FEDERAL  POVERTY  GUIDELINES,  AS
 UPDATED  PERIODICALLY  IN  THE  FEDERAL  REGISTER  BY  THE UNITED STATES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10462-04-1
              

 A. 6327--A                          2
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO  SUBSECTION  (2)  OF
 SECTION 9902 OF TITLE 42 OF THE UNITED STATES CODE.
   (D)  "STANDARD  RATE" SHALL MEAN THE MONTHLY RETAIL RATE, INCLUSIVE OF
 ANY REOCCURRING TAXES AND FEES, FOR THE  APPLICABLE  TIER  OF  BROADBAND
 SERVICE.
   2.  EVERY  BROADBAND  SERVICE PROVIDER SHALL, NO LATER THAN SIXTY DAYS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, OFFER A MONTHLY DISCOUNT WHERE
 IT IS PROVIDED ON EXISTING FACILITIES TO AN ELIGIBLE  HOUSEHOLD  APPLIED
 TO  THE ACTUAL AMOUNT CHARGED TO SUCH HOUSEHOLD FOR THE STANDARD RATE OF
 A BROADBAND SERVICE PLAN, WHETHER STANDALONE OR BUNDLED, AND  ASSOCIATED
 EQUIPMENT,  IN  THE  AMOUNT OF FIFTY DOLLARS, OR IF THE STANDARD RATE OF
 THE BROADBAND SERVICE PLAN IS LESS THAN FIFTY DOLLARS, IN THE AMOUNT  OF
 SUCH  RATE.  SUCH DISCOUNT REQUIRED BY THIS SECTION SHALL NOT APPLY TO A
 PROVIDER'S EXISTING LOW-INCOME OR COVID-19 PROGRAM.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  RULE,  OR  REGULATION,
 ANY BROADBAND SERVICE PROVIDER THAT PARTICIPATES IN THE EMERGENCY BROAD-
 BAND  BENEFIT PROGRAM ADMINISTERED BY THE FEDERAL COMMUNICATIONS COMMIS-
 SION SHALL BE CONSIDERED IN COMPLIANCE WITH  THE  REQUIREMENTS  OF  THIS
 SECTION  AND  ANY  RULE OR REGULATION ADOPTED TO EFFECTUATE THE REQUIRE-
 MENTS OF THIS SECTION, AFTER PROVIDING EVIDENCE OF SUCH PARTICIPATION IN
 THE EMERGENCY BROADBAND BENEFIT PROGRAM TO THE PUBLIC SERVICE COMMISSION
 AND THE ATTORNEY GENERAL.
   4. EVERY  BROADBAND  SERVICE  PROVIDER  SHALL  MAKE  ALL  COMMERCIALLY
 REASONABLE  EFFORTS  TO  PROMOTE  AND  ADVERTISE THE AVAILABILITY OF THE
 DISCOUNT REQUIRED BY THIS SECTION INCLUDING, BUT  NOT  LIMITED  TO,  THE
 PROMINENT DISPLAY OF, AND ENROLLMENT PROCEDURES FOR, SUCH SERVICE ON ITS
 WEBSITE  AND  IN ANY WRITTEN AND COMMERCIAL PROMOTIONAL MATERIALS DEVEL-
 OPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR THE  DISCOUNT  PURSUANT
 TO THIS SECTION.
   5.  THE  PUBLIC  SERVICE  COMMISSION  SHALL PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION, AND  MAY  ISSUE  A
 WAIVER EXEMPTING ANY BROADBAND SERVICE PROVIDER OTHERWISE SUBJECT TO THE
 REQUIREMENTS  OF  THIS  SECTION  OR MODIFY THE REQUIREMENTS AND/OR OBLI-
 GATIONS OF THIS SECTION AS IT APPLIES TO ANY BROADBAND SERVICE  PROVIDER
 OTHERWISE SUBJECT TO THE REQUIREMENTS OF THIS SECTION:
   (A) WHERE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION WOULD CAUSE
 UNDUE HARDSHIP TO THE BROADBAND SERVICE PROVIDER, AND IT WOULD BE IN THE
 PUBLIC INTEREST TO GRANT SUCH WAIVER; OR
   (B)  IF  SUCH  PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENT, IS NOT
 ELIGIBLE TO PARTICIPATE  IN  THE  EMERGENCY  BROADBAND  BENEFIT  PROGRAM
 ADMINISTERED  BY  THE  FEDERAL  COMMUNICATIONS  COMMISSION,  OR  IF SUCH
 PROGRAM EXPIRES OR IS ELIMINATED BY THE FEDERAL GOVERNMENT.
   6. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS, PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE  IN THE STATE OF NEW YORK SHALL
 SUBMIT TO THE DEPARTMENT OF  PUBLIC  SERVICE,  NO  LATER  THAN  NOVEMBER
 FIFTEENTH  OF THE YEAR THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFT-
 ER, A COMPLIANCE REPORT SETTING  FORTH:  (A)  THE  NUMBER  OF  CONSUMERS
 AVAILING  THEMSELVES  OF  THE  DISCOUNT  REQUIRED BY THIS SECTION; (B) A
 DESCRIPTION OF THE PROCEDURES BEING USED TO VERIFY  THE  ELIGIBILITY  OF
 CUSTOMERS  RECEIVING SUCH DISCOUNT; (C) A DESCRIPTION AND SAMPLES OF THE
 ADVERTISING OR MARKETING EFFORTS UNDERTAKEN TO ADVERTISE OR PROMOTE SUCH
 DISCOUNT; (D) A DESCRIPTION OF ALL RETAIL RATE PRODUCTS, INCLUDING PRIC-
 ING, OFFERED BY SUCH PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS; (E)
 A DESCRIPTION, INCLUDING SPEED AND  PRICE,  OF  ALL  BROADBAND  PRODUCTS
 OFFERED  IN THE STATE OF NEW YORK; AND (F) SUCH OTHER INFORMATION AS THE
 DEPARTMENT OF PUBLIC SERVICE MAY REQUIRE.

 A. 6327--A                          3
 
   7. 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.