N.Y. General Business Law § 399-zzzzz: Broadband service for low-income consumers

* § 399-zzzzz. 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

operation of the communications service provided by a wireline, fixed

wireless 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)

is eligible for, or receiving the supplemental nutrition assistance

program benefits; or (c) is eligible for, or receiving Medicaid

benefits; or (d) is eligible for, or enrolled in senior citizen rent

increase exemption; or (e) is eligible for, or enrolled in disability

rent increase exemption; or (f) 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 twenty-five megabits

per second download speed or the download 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 download speed is not reasonably 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-income 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

subdivision 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

providers 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. The requirements of subdivisions two and three of this section

shall not apply to any broadband service provider providing service to

no more than twenty thousand households, if the public service

commission determines that compliance with such requirements would

result in unreasonable or unsustainable financial impact on the

broadband service provider.

6. Any contract or agreement for broadband service targeted to

low-income 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.

7. 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

availability 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

promotional materials developed to inform consumers who may be eligible

for service pursuant to this section.

8. 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

verify the eligibility of customers receiving such service; (d) a

description and samples of the advertising or marketing efforts

undertaken to advertise or promote such service; (e) a description of

all retail rate products, including pricing, offered by such person,

business, 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-payment for services other than broadband service, and the number of

households that have their broadband service restored after being

delinquent on their payments; and such other information as the

department of public service may require.

9. 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.

10. 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 restitution. 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.

* NB There are 2 § 399-zzzzz's