LCO No. 3274 1 of 28
General Assembly Governor's Bill No. 6442
January Session, 2021
LCO No. 3274
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
Request of the Governor Pursuant
to Joint Rule 9
AN ACT CONCERNING EQ UITABLE ACCESS TO BROADBAND.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) As used in this section: 1
(1) "Broadband Internet access service" means a mass-market retail 2
service by wire or radio that provides the capability to transmit data to 3
and receive data from all or substantially all Internet endpoints, 4
including any capabilities that are incidental to and enable the operation 5
of the communications service, but excluding dial-up Internet access 6
service; 7
(2) "Broadband Internet access service provider" means any person or 8
entity that provides broadband Internet access service through facilities 9
occupying public highways or streets authorized by the Public Utilities 10
Regulatory Authority, including through a certificate of public 11
convenience and necessity, a certificate of video franchise authority, a 12
certificate of cable franchise authority, or as a certified 13 Governor's Bill No. 6442
LCO No. 3274 2 of 28
telecommunications provider; 14
(3) "Content, applications and services" means all traffic transmitted 15
to or from end users of a broadband Internet access service; and 16
(4) "End user" means any person or entity that uses a broadband 17
Internet access service. 18
Sec. 2. (NEW) (Effective July 1, 2021) In carrying out the provisions of 19
this act, the state agencies shall consider the extent to which their 20
programs or policies provide for affordable, high-speed broadband 21
Internet access service that is vital to the welfare and development of 22
our society; will promote economic development in the state; will 23
expand educational and employment opportunities for residents of the 24
state; will improve access to telehealth services, as that term is defined 25
in section 19a-906 of the general statutes; and will enhance the delivery 26
of services by public, private and not-for-profit institutions and entities. 27
Such programs and policies shall (1) ensure the universal availability 28
and accessibility of high-speed broadband Internet access service to all 29
residents and businesses in the state, (2) establish an advanced standard 30
for broadband Internet access service that increases with consumer 31
demand and technological developments, (3) ensure that broadband 32
Internet access service is available and affordable on a 33
nondiscriminatory basis for all segments of the state's population, 34
regardless of income, race, ethnicity and religion, (4) study and create 35
structures that allow partners and providers to successfully build and 36
sustain broadband Internet access service infrastructure in all corners of 37
the state, (5) ensure that state, municipal and private educational 38
institutions have continual access to broadband Internet access service 39
at all times for educational and learning purposes, (6) encourage 40
existing and new broadband Internet access service providers to pilot 41
and offer affordable services for residents, businesses and state and 42
municipal governments, (7) create a regulatory environment that 43
protects consumers and incentivizes innovation, competition and robust 44
services from broadband Internet access service providers, and (8) 45
invest in the development of a diverse broadband Internet access service 46 Governor's Bill No. 6442
LCO No. 3274 3 of 28
technology workforce by encouraging strong ties to the state's 47
educational community to grow the talent pipeline. 48
Sec. 3. (NEW) (Effective July 1, 2021) (a) The Office of Policy and 49
Management shall, in accordance with sections 4d-90 and 4-67p of the 50
general statutes and in consultation with the Department of Energy and 51
Environmental Protection, the Office of State Broadband, the 52
Department of Economic and Community Development and other state 53
agencies deemed appropriate by the Office of Policy and Management, 54
develop a plan and reporting requirements to produce up-to-date maps 55
of broadband availability and upload and download speeds in the state. 56
Broadband Internet access service providers shall be consulted in the 57
development of the plan and reporting requirements for producing and 58
maintaining detailed and accurate broadband maps for the state. The 59
Office of Policy and Management may employ outside consultants in 60
the development of such maps. 61
(b) The Commissioner of Economic and Community Development 62
shall make recommendations to the Office of Policy and Management, 63
for inclusion in the joint report pursuant to subsection (c) of this section, 64
concerning the needs of the business community and economic 65
development. 66
(c) On or before January 31, 2022, the Office of Policy and 67
Management, the Office of State Broadband and the Department of 68
Energy and Environmental Protection shall jointly report to the 69
Governor concerning the status of the plan described in subsection (a) 70
of this section. 71
(d) The Commission for Educational Technology shall, in 72
consultation with the Department of Education, the Office of State 73
Broadband, the Office of Policy Management, the Connecticut State 74
Colleges and Universities, the Office of Higher Education and the 75
Department of Economic and Community Development, conduct an 76
analysis on the availability of broadband Internet access service and 77
learning devices for students in prekindergarten to grade twelve, 78 Governor's Bill No. 6442
LCO No. 3274 4 of 28
inclusive, and post-secondary education, including vocational and 79
technical opportunities, in concert with and informed by state 80
broadband mapping activities. 81
(e) On or before July 1, 2023, the Commission for Educational 82
Technology shall submit a report to the Governor and the General 83
Assembly. Such report shall provide the status of the analysis required 84
pursuant to this section. 85
Sec. 4. (NEW) (Effective July 1, 2021) (a) On or before January 31, 2022, 86
the Department of Energy and Environmental Protection shall, in 87
consultation with the Office of State Broadband, the Department of 88
Economic and Community Developmen t, the Commission for 89
Educational Technology and the Office of Policy and Management, 90
establish a broadband Internet speed classification metric of (1) well 91
served, (2) adequately served, and (3) underserved communities in the 92
state to inform state policy, investment strategy and consumer 93
awareness. Such Internet speed classification metrics shall include both 94
upload and download speed metrics and other applicable standards, as 95
determined by the Department of Energy and Environmental 96
Protection, and shall be adjusted annually, as provided in subsection (c) 97
of this section, as of the following October first and each subsequent 98
October first. 99
(b) On or before January 31, 2022, and annually thereafter, the 100
Department of Energy and Environmental Protection, in consultation 101
with the Office of State Broadband, the Office of Policy and 102
Management and the Department of Economic and Community 103
Development, shall report on the broadband Internet speed 104
classification metrics, described in subsection (a) of this section, and 105
additional data sharing requirements developed in subsection (a) of 106
section 3 of this act, to the Governor and the joint standing committee of 107
the General Assembly having cognizance of matters relating to energy. 108
(c) On or before January 31, 2022, and annually thereafter, the 109
Department of Energy and Environmental Protection, in consultation 110 Governor's Bill No. 6442
LCO No. 3274 5 of 28
with the Office of State Broadband, the Office of Policy and 111
Management and the Department of Economic and Community 112
Development shall report on the status and progress made towards a 113
state-wide goal of attaining, on or before January 1, 2027, universal 114
access to (1) broadband Internet download speeds averaging one gigabit 115
per second, and (2) broadband Internet upload speeds averaging two 116
hundred megabits per second to the Governor and the joint standing 117
committee of the General Assembly having cognizance of matters 118
relating to energy, until such time as said goal is met. 119
Sec. 5. (NEW) (Effective July 1, 2021) (a) Each broadband Internet 120
access service provider shall maintain and make available to an Internet 121
service account holder and to the owner of the serviced property, free of 122
charge, records of the property's available broadband Internet upload 123
and download speeds for the preceding twelve months of occupation. 124
(b) For any property, the property owner shall, at the time the 125
property is publicly listed for sale or rent, disclose, upon request, the 126
broadband Internet upload and download speeds for the preceding 127
twelve months of occupation. 128
Sec. 6. Section 16-233 of the general statutes is repealed and the 129
following is substituted in lieu thereof (Effective July 1, 2021): 130
Each town, city, borough, or fire district [or] and the Department of 131
Transportation shall have the right to occupy and use for any purpose, 132
including, but not limited to, the provision of broadband Internet access 133
service by any town, city or borough to the public in such town, city or 134
borough, either directly or through commercial arrangements with 135
third-party entities, without payment therefor, one gain upon each 136
public utility pole or in each underground communications duct system 137
installed by a public service company within the limits of any such 138
town, city, borough or district, provided, if a town, city or borough sells 139
its right to occupy and use said gain to a private third-party company, 140
such company shall pay any public utility pole administration or 141
attachment fees applicable, notwithstanding the provisions of this 142 Governor's Bill No. 6442
LCO No. 3274 6 of 28
section. The location or relocation of any such gain shall be prescribed 143
by the Public Utilities Regulatory Authority. Any such gain shall be 144
reserved for use by the town, city, borough, or fire district [or] and the 145
Department of Transportation. 146
Sec. 7. Subdivision (4) of subsection (a) of section 7-536 of the general 147
statutes is repealed and the following is substituted in lieu thereof 148
(Effective July 1, 2021): 149
(4) "Local capital improvement project" means a municipal capital 150
expenditure project for any of the following purposes: (A) Road 151
construction, renovation, repair or resurfacing, (B) sidewalk and 152
pavement improvements, (C) construction, renovation, enlargement or 153
repair of sewage treatment plants and sanitary or storm, water or sewer 154
lines, including separation of lines, (D) public building construction 155
other than schools, including renovation, repair, code compliance, 156
energy conservation and fire safety projects, (E) construction, 157
renovation, enlargement or repair of dams, bridges and flood control 158
projects, (F) construction, renovation, enlargement or repair of water 159
treatment or filtration plants and water mains, (G) construction, 160
renovation or enlargement of solid waste facilities, (H) improvements to 161
public parks, (I) the preparation and revision of local capital 162
improvement plans projected for a period of not less than five years and 163
so prepared as to show the general description, need and estimated cost 164
of each individual capital improvement, (J) improvements to emergency 165
communications systems and building security systems, including for 166
schools, (K) public housing projects, including renovations and 167
improvements and energy conservation and the development of 168
additional housing, (L) renovations to or construction of veterans' 169
memorial monuments, (M) thermal imaging systems, (N) bulky waste 170
and landfill projects, (O) the preparation and revision of municipal 171
plans of conservation and development adopted pursuant to section 8-172
23, provided such plans are endorsed by the legislative body of the 173
municipality not more than one hundred eighty days after adoption by 174
the commission, (P) acquisition of automatic external defibrillators, (Q) 175
floodplain management and hazard mitigation activities, (R) on-board 176 Governor's Bill No. 6442
LCO No. 3274 7 of 28
oil refining systems consisting of a filtration canister and evaporation 177
canister that remove solid and liquid contaminants from lubricating oil, 178
(S) activities related to the planning and construction of a municipal 179
broadband network, provided the broadband Internet download speed 180
of the network shall be not less than [three hundred eighty-four 181
thousand bits per second] one gigabit per second and the broadband 182
Internet upload speed of the network shall be not less than two hundred 183
megabits per second, (T) establishment of bikeways and greenways, (U) 184
land acquisition, including for open space, and costs involved in making 185
land available for public uses, (V) acquisition of technology related to 186
implementation of the Department of Education's common core state 187
standards, (W) technology upgrades, including for improvements to 188
expand public access to government information through electronic 189
portals and kiosks, (X) for the fiscal years ending June 30, 2013, and June 190
30, 2014, acquisition of snow removal equipment, capital expenditures 191
made to improve public safety, and capital expenditures made to 192
facilitate regional cooperation, and (Y) for hazardous tree removal or 193
trimming for nonutility-related hazardous branches, limbs and trees on 194
municipal property or within a municipal right-of-way. "Local capital 195
improvement project" means only capital expenditures and includes 196
repairs incident to reconstruction and renovation but does not include 197
ordinary repairs and maintenance of an ongoing nature. As used in this 198
subdivision, "floodplain management" and "hazard mitigation" have the 199
same meanings as provided in section 25-68j; 200
Sec. 8. Section 16-11 of the general statutes is repealed and the 201
following is substituted in lieu thereof (Effective July 1, 2021): 202
The Public Utilities Regulatory Authority shall, so far as is 203
practicable, keep fully informed as to the condition of the plant, 204
equipment and manner of operation of all public service companies and 205
broadband Internet access service providers in respect to their adequacy 206
and suitability to accomplish the duties imposed upon such companies 207
by law and in respect to their relation to the safety of the public and of 208
the employees of such companies. The authority may order such 209
reasonable improvements, repairs or alterations in such plant or 210 Governor's Bill No. 6442
LCO No. 3274 8 of 28
equipment, or such changes in the manner of operation, as may be 211
reasonably necessary in the public interest. The general purposes of this 212
section and sections 16-19, 16-25, 16-43 and 16-47, as amended by this 213
act, are to assure to the state of Connecticut its full powers to regulate 214
its public service companies and broadband Internet access service 215
providers, to increase the powers of the Public Utilities Regulatory 216
Authority and to promote local control of the public service companies 217
and broadband Internet access service providers of this state, and said 218
sections shall be so construed as to effectuate these purposes. 219
Sec. 9. Section 16-12 of the general statutes is repealed and the 220
following is substituted in lieu thereof (Effective July 1, 2021): 221
Any person or any town, city or borough may make complaint, in 222
writing, to the Public Utilities Regulatory Authority, of any defects in 223
any portion of the plant or equipment of any public service company, 224
broadband Internet access service provider or electric supplier, or of the 225
manner of operating such plant, by reason of which the public safety or 226
the health or safety of employees is endangered; and, if he or it so 227
requests, the name of the complainant shall not be divulged unless in 228
the opinion of the authority the complaint is such that publicity is 229
demanded. 230
Sec. 10. Section 16-16 of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective July 1, 2021): 232
Each public service company, broadband Internet access service 233
provider and electric supplier subject to regulation by the Public 234
Utilities Regulatory Authority shall, in the event of any accident 235
attended with personal injury or involving public safety, which was or 236
may have been connected with or due to the operation of its or his 237
property, or caused by contact with the wires of any public service 238
company, broadband Internet access service provider or electric 239
supplier, notify the authority thereof, by telephone or otherwise, as soon 240
as may be reasonably possible after the occurrence of such accident, 241
unless such accident is a minor accident, as defined by regulations of the 242 Governor's Bill No. 6442
LCO No. 3274 9 of 28
authority. Each such person, company, broadband Internet access 243
service provider or electric supplier shall report such minor accidents to 244
the authority in writing, in summary form, once each month. If notice of 245
such accident, other than a minor accident, is given otherwise than in 246
writing, it shall be confirmed in writing within five days after the 247
occurrence of such accident. Any person, company, broadband Internet 248
access service provider or electric supplier failing to comply with the 249
provisions of this section shall be fined not more than five [hundred] 250
thousand dollars for each offense. 251
Sec. 11. Section 16-47 of the general statutes is repealed and the 252
following is substituted in lieu thereof (Effective July 1, 2021): 253
(a) As used in this section and section 16-47a, (1) "holding company" 254
means any corporation, association, partnership, trust or similar 255
organization, or person which, either alone or in conjunction and 256
pursuant to an arrangement or understanding with one or more other 257
corporations, associations, partnerships, trusts or similar organizations, 258
or persons, directly or indirectly, controls a gas, electric distribution, 259
water, telephone or community antenna television company, certified 260
telecommunications provider, certified competitive video service 261
provider, certified video franchise authority provider or broadband 262
Internet access service provider, and (2) "control" means the possession 263
of the power to direct or cause the direction of the management and 264
policies of a gas, electric distribution, water, telephone or community 265
antenna television company, certified telecommunications provider, 266
certified competitive video service provider, certified video franchise 267
authority provider, broadband Internet access service provider or a 268
holding company, whether through the ownership of its voting 269
securities, the ability to effect a change in the composition of its board 270
of directors or otherwise, provided, control shall not be deemed to arise 271
solely from a revocable proxy or consent given to a person in response 272
to a public proxy or consent solicitation made pursuant to and in 273
accordance with the applicable rules and regulations of the Securities 274
Exchange Act of 1934 unless a participant in said solicitation has 275
announced an intention to effect a merger or consolidation with, 276 Governor's Bill No. 6442
LCO No. 3274 10 of 28
reorganization, or other business combination or extraordinary 277
transaction involving the gas, electric distribution, water, telephone or 278
community antenna television company, certified telecommunications 279
provider, certified competitive video service provider, certified video 280
franchise authority provider, broadband Internet access service 281
provider or the holding company. Control shall be presumed to exist if 282
a person directly or indirectly owns ten per cent or more of the voting 283
securities of a gas, electric distribution, water, telephone or community 284
antenna television company, certified telecommunications provider, 285
certified competitive video service provider, certified video franchise 286
authority provider, broadband Internet access service provider or a 287
holding company, provided the authority may determine, after 288
conducting a hearing, that said presumption of control has been 289
rebutted by a showing that such ownership does not in fact confer 290
control. 291
(b) No gas, electric distribution, water, telephone or community 292
antenna television company, certified telecommunications provider, 293
certified competitive video service provider, certified video franchise 294
authority provider, broadband Internet access service provider, or 295
holding company, or any official, board or commission purporting to 296
act under any governmental authority other than that of this state or of 297
its divisions, municipal corporations or courts, shall interfere or attempt 298
to interfere with or, directly or indirectly, exercise or attempt to exercise 299
authority or control over any gas, electric distribution, water, telephone 300
or community antenna television company , certified 301
telecommunications provider, certified competitive video service 302
provider, certified video franchise authority provider or broadband 303
Internet access service provider engaged in the business of supplying 304
service within this state, or with or over any holding company doing the 305
principal part of its business within this state, without first making 306
written application to and obtaining the approval of the Public Utilities 307
Regulatory Authority, except as the United States may properly regulate 308
actual transactions in interstate commerce. 309
(c) No corporation, association, partnership, trust or similar 310 Governor's Bill No. 6442
LCO No. 3274 11 of 28
organization, or person shall take any action that causes it to become a 311
holding company with control over a gas, electric distribution, water, 312
telephone or community antenna television company , certified 313
telecommunications provider, certified competitive video service 314
provider, certified video franchise authority provider or broadband 315
Internet access service provider engaged in the business of supplying 316
service within this state, or acquire, directly or indirectly, control over 317
such a holding company, or take any action that would if successful 318
cause it to become or to acquire control over such a holding company, 319
without first making written application to and obtaining the approval 320
of the authority. Any such corporation, association, partnership, trust or 321
similar organization, or person applying to the authority for such 322
approval shall pay the reasonable expenses incurred by the authority in 323
carrying out its duties under this subsection, and accordingly, shall 324
deposit with the authority a bond, executed by a surety company 325
authorized to do business in this state, in the amount of fifty thousand 326
dollars, conditioned to indemnify the authority for such expenses. 327
(d) The Public Utilities Regulatory Authority shall investigate and 328
hold a public hearing on the question of granting its approval with 329
respect to any application made under subsection (b) or (c) of this 330
section and thereafter may approve or disapprove any such application 331
in whole or in part and upon such terms and conditions as it deems 332
necessary or appropriate. In connection with its investigation, the 333
authority may request the views of the gas, electric distribution, water, 334
telephone or community antenna television company , certified 335
telecommunications provider, certified competitive video service 336
provider, certified video franchise authority provider, broadband 337
Internet access service provider or holding company which is the subject 338
of the application with respect to the proposed acquisition. After the 339
filing of an application satisfying the requirements of such regulations 340
as the authority may adopt in accordance with the provisions of chapter 341
54, but not later than thirty business days after the filing of such 342
application, the authority shall give prompt notice of the public hearing 343
to the person required to file the application and to the subject company 344 Governor's Bill No. 6442
LCO No. 3274 12 of 28
or holding company. Such hearing shall be commenced as promptly as 345
practicable after the filing of the application, but not later than sixty 346
business days after the filing, and the authority shall make its 347
determination as soon as practicable, but not later than two hundred 348
days after the filing of the application, provided it may, before the end 349
of such period and upon notifying all parties and intervenors to the 350
proceedings, extend the period by thirty days, provided that 351
community antenna television companies, holders of a certificate of 352
cable franchise authority and holders of a certificate of video franchise 353
authority shall be determined by the authority within one hundred 354
twenty days, or unless the person required to file the application agrees 355
to an extension of time. The authority may, in its discretion, grant the 356
subject company or holding company the opportunity to participate in 357
the hearing by presenting evidence and oral and written argument. If 358
the authority fails to give notice of its determination to hold a hearing, 359
commence the hearing, or render its determination after the hearing 360
within the time limits specified in this subdivision, the proposed 361
acquisition shall be deemed approved. In each proceeding on a written 362
application submitted under said subsection (b) or (c), the authority 363
shall, in a manner which treats all parties to the proceeding on an equal 364
basis, take into consideration (1) the financial, technological and 365
managerial suitability and responsibility of the applicant, (2) the ability 366
of the gas, electric distribution, water, telephone or community antenna 367
television company, certified telecommunications provider, certified 368
competitive video service provider, certified video franchise authority 369
provider, broadband Internet access service provider or holding 370
company which is the subject of the application to provide safe, 371
adequate and reliable service to the public through the company's plant, 372
equipment and manner of operation if the application were to be 373
approved, and (3) for an application concerning a telephone company, 374
the effect of approval on the location and accessibility of management 375
and operations and on the proportion and number of state resident 376
employees. The authority shall only grant its approval of an application 377
filed on or after January 1, 2021, made under subsection (c) of this 378
section, if the holding company effects a change in the composition of 379 Governor's Bill No. 6442
LCO No. 3274 13 of 28
the board of directors to include a proportional percentage of 380
Connecticut-based directors equivalent to the percentage that 381
Connecticut service areas represent of the total service areas covered by 382
the holding company. 383
(e) During any proceeding under subsection (b) or (c) of this section, 384
the authority may order any party to such proceeding and the officers, 385
directors, employees and agents of such party to refrain for a specific 386
time period from communicating, directly or indirectly, with the record 387
and beneficial owners of securities of the gas, electric distribution, 388
water, telephone or community antenna television company, certified 389
telecommunications provider, certified competitive video service 390
provider, certified video franchise authority provider, broadband 391
Internet access service provider or holding company which is the subject 392
of such proceedings, in regard to the matters submitted to the authority 393
for its approval under said subsection (b) or (c). If the authority issues 394
such an order, it shall also order all other parties to the proceeding and 395
the officers, directors, employees and agents of such parties to refrain 396
for the same time period from communicating, directly or indirectly, 397
with such record and beneficial owners of such securities, in regard to 398
such matters. No order issued pursuant to this subsection shall prohibit 399
any party from complying with disclosure and reporting obligations 400
under any other provision of the general statutes or under federal law. 401
(f) Each holding company shall, not later than three months after the 402
close of its fiscal year, annually, file with the authority a copy of its 403
annual report to stockholders for such fiscal year. If the holding 404
company does not print such an annual report, it shall file instead, not 405
later than the same date, a comprehensive audit and report of its 406
accounts and operations prepared by an independent public accounting 407
firm approved by the authority. The provisions of this subsection shall 408
not apply to any holding company in the form of a person. 409
(g) Any action contrary to the provisions of subsections (b) or (c) of 410
this section shall be voidable on order of the authority. 411 Governor's Bill No. 6442
LCO No. 3274 14 of 28
(h) Whenever any corporation, association, partnership, trust or 412
similar organization, or person takes or engages in any action which 413
may or would violate subsection (b) or (c) of this section or any order 414
adopted pursuant to said subsection (b) or (c), the Superior Court, upon 415
application of the authority or any holding company or gas, electric 416
distribution, water, telephone or community antenna television 417
company, certified telecommunications provider, certified competitive 418
video service provider, certified video franchise authority provider or 419
broadband Internet access service provider affected by such action, may 420
enjoin any such corporation, association, partnership, trust or similar 421
organization, or person from continuing or doing any act in violation of 422
said subsection (b) or (c) or may otherwise enforce compliance with said 423
subsection (b) or (c), including but not limited to, the reinstatement of 424
authority or control over the holding company or gas, electric 425
distribution, water, telephone or community antenna television 426
company, certified telecommunications provider, certified competitive 427
video service provider, certified video franchise authority provider, 428
broadband Internet access service provider or holding company to those 429
persons who exercised authority or control over such company before 430
such action. 431
(i) The provisions of this section shall not be construed to require any 432
person to make written application to or obtain the approval of the 433
authority with respect to any telephone company or holding company 434
of a telephone company over which such person exercises authority or 435
control or operates as a holding company on June 30, 1987. 436
Sec. 12. Section 16-49 of the general statutes is repealed and the 437
following is substituted in lieu thereof (Effective July 1, 2021): 438
(a) As used in this section: 439
(1) "Company" means (A) any public service company other than a 440
telephone company, that had more than one hundred thousand dollars 441
of gross revenues in the state in the calendar year preceding the 442
assessment year under this section, except any such company not 443 Governor's Bill No. 6442
LCO No. 3274 15 of 28
providing service to retail customers in the state, (B) any telephone 444
company that had more than one hundred thousand dollars of gross 445
revenues in the state from telecommunications services in the calendar 446
year preceding the assessment year under this section, except any such 447
company not providing service to retail customers in the state, (C) any 448
certified telecommunications provider that had more than one hundred 449
thousand dollars of gross revenues in the state from 450
telecommunications services in the calendar year preceding the 451
assessment year under this section, except any such certified 452
telecommunications provider not providing service to retail customers 453
in the state, (D) any electric supplier that had more than one hundred 454
thousand dollars of gross revenues in the state in the calendar year 455
preceding the assessment year under this section, except any such 456
supplier not providing electric generation services to retail customers in 457
the state, [or] (E) any certified competitive video service provider issued 458
a certificate of video franchise authority by the Public Utilities 459
Regulatory Authority in accordance with section 16-331e that had more 460
than one hundred thousand dollars of gross revenues in the state in the 461
calendar year preceding the assessment year under this section, except 462
any such certified competitive video service provider not providing 463
service to retail customers in the state, or (F) any broadband Internet 464
access service provider that had more than one hundred thousand 465
dollars of gross revenues in the state from broadband Internet access 466
services in the calendar year preceding the assessment year under this 467
section; 468
(2) "Telecommunications services" means (A) in the case of 469
telecommunications services provided by a telephone company, any 470
service provided pursuant to a tariff approved by the authority other 471
than wholesale services and resold access and interconnections services, 472
and (B) in the case of telecommunications services provided by a 473
certified telecommunications provider other than a telephone company, 474
any service provided pursuant to a tariff approved by the authority and 475
pursuant to a certificate of public convenience and necessity; and 476
(3) "Fiscal year" means the period beginning July first and ending 477 Governor's Bill No. 6442
LCO No. 3274 16 of 28
June thirtieth. 478
(b) On or before July 15, 1999, and on or before May first, annually 479
thereafter, each company shall report its intrastate gross revenues of the 480
preceding calendar year to the Public Utilities Regulatory Authority, 481
which amount shall be subject to audit by the authority. For each fiscal 482
year, each company shall pay the authority the company's share of all 483
expenses of the department's Bureau of Energy and Technology, the 484
Office of Consumer Counsel, the Office of Policy and Management's 485
expenses related to the duties under sections 3 and 4 of this act, and the 486
operations of the Public Utilities Regulatory Authority for such fiscal 487
year. On or before September first, annually, the authority shall give to 488
each company a statement which shall include: (1) The amount 489
appropriated to the department's Bureau of Energy and Technology, the 490
Office of Consumer Counsel, the Office of Policy and Management's 491
expenses related to the duties under sections 3 and 4 of this act, and the 492
operations of the Public Utilities Regulatory Authority for the fiscal year 493
beginning July first of the same year; (2) the total gross revenues of all 494
companies; and (3) the proposed assessment against the company for 495
the fiscal year beginning on July first of the same year, adjusted to reflect 496
the estimated payment required under subdivision (1) of subsection (c) 497
of this section. Such proposed assessment shall be calculated by 498
multiplying the company's percentage share of the total gross revenues 499
as specified in subdivision (2) of this subsection by the total revenue 500
appropriated to the department's Bureau of Energy and Technology, the 501
Office of Consumer Counsel, the Office of Policy and Management's 502
expenses related to the duties under sections 3 and 4 of this act, and the 503
operations of the Public Utility Regulatory Authority, as specified in 504
subdivision (1) of this subsection. 505
(c) Each company shall pay the authority: (1) On or before June 506
thirtieth, annually, an estimated payment for the expenses of the 507
following year equal to twenty-five per cent of its assessment for the 508
fiscal year ending on such June thirtieth, (2) on or before September 509
thirtieth, annually, twenty-five per cent of its proposed assessment, 510
adjusted to reflect any credit or amount due under the recalculated 511 Governor's Bill No. 6442
LCO No. 3274 17 of 28
assessment for the preceding fiscal year, as determined by the authority 512
under subsection (d) of this section, provided if the company files an 513
objection in accordance with subsection (e) of this section, it may 514
withhold the amount stated in its objection, and (3) on or before the 515
following December thirty-first and March thirty-first, annually, the 516
remaining fifty per cent of its proposed assessment in two equal 517
installments. 518
(d) Immediately following the close of each fiscal year, the authority 519
shall recalculate the proposed assessment of each company, based on 520
the expenses, as determined by the Comptroller, of the department's 521
Bureau of Energy and Technology, the Office of Consumer Counsel, the 522
Office of Policy and Management's expenses related to the duties under 523
sections 3 and 4 of this act, and the operations of the Public Utilities 524
Regulatory Authority for such fiscal year. On or before September first, 525
annually, the authority shall give to each company a statement showing 526
the difference between its recalculated assessment and the amount 527
previously paid by the company. 528
(e) Any company may object to a proposed or recalculated 529
assessment by filing with the authority, not later than September 530
fifteenth of the year of said assessment, a petition stating the amount of 531
the proposed or recalculated assessment to which it objects and the 532
grounds upon which it claims such assessment is excessive, erroneous, 533
unlawful or invalid. After a company has filed a petition, the authority 534
shall hold a hearing. After reviewing the company's petition and 535
testimony, if any, the authority shall issue an order in accordance with 536
its findings. The company shall pay the authority the amount indicated 537
in the order not later than thirty days after the date of the order. 538
(f) The authority shall remit all payments received under this section 539
to the State Treasurer for deposit in the Consumer Counsel and Public 540
Utility Control Fund established under section 16-48a. Such funds shall 541
be accounted for as expenses recovered from public service companies, 542
broadband Internet access service providers and certified 543
telecommunications providers. All payments made under this section 544 Governor's Bill No. 6442
LCO No. 3274 18 of 28
shall be in addition to any taxes payable to the state under chapters 211, 545
212, 212a and 219. 546
(g) Any assessment unpaid on the due date or any portion of an 547
assessment withheld after the due date under subsection (c) of this 548
section shall be subject to interest at the rate of one and one-fourth per 549
cent per month or fraction thereof, or fifty dollars, whichever is greater. 550
(h) Any company that fails to report in accordance with this section 551
shall be subject to civil penalties in accordance with section 16-41. 552
Sec. 13. (NEW) (Effective July 1, 2021) (a) The Public Utilities 553
Regulatory Authority shall receive, process and record consumer and 554
business complaints for each broadband Internet access service 555
provider. 556
(b) A broadband Internet access service provider shall implement a 557
process for handling inquiries from the authority and customer 558
inquiries, billing issues, service issues and other complaints. In the event 559
an issue is not resolved through such process, a customer may request 560
of the authority a confidential, nonbinding mediation with the 561
broadband Internet access service provider, and a designated member 562
of the authority staff shall serve as the mediator. If the mediation is 563
unsuccessful, the customer may file a formal complaint with the 564
authority. If the provider is found to be in noncompliance with any 565
provision of this section, the authority shall order such provider to 566
remedy such noncompliance within a reasonable period of time. Failure 567
to comply may subject the provider to civil penalties under section 16-568
41 of the general statutes and injunctive relief under section 16-10 of the 569
general statutes. 570
Sec. 14. (NEW) (Effective July 1, 2021) No broadband Internet access 571
service provider shall (1) block, restrict or interfere with an end user's 572
use of nonharmful devices, (2) interfere with an end user's ability to 573
select a broadband Internet access service provider, or (3) deny a 574
potential customer broadband Internet access service based on 575
discriminatory financial terms, credit scores or arrearage on charges for 576 Governor's Bill No. 6442
LCO No. 3274 19 of 28
other services offered by the broadband Internet access service provider. 577
Sec. 15. (NEW) (Effective July 1, 2021) (a) Broadband Internet access 578
service providers shall restore broadband Internet access service to such 579
provider's customers within twenty-four hours after the restoration of 580
electrical service following an electrical outage, unless the Public 581
Utilities Regulatory Authority provides an extension of time due to the 582
severity of a weather, or other catastrophic, event. 583
(b) Notwithstanding any other provision of the general statutes, each 584
broadband Internet access service provider shall provide to any affected 585
customer a credit or refund, on the balance of such customer's account, 586
for any outage, continuous or intermittent, of broadband Internet access 587
service that occurs for such customer for more than twenty-four 588
consecutive hours, unless the outage was caused by such customer. 589
(c) Any broadband Internet access service provider with a service 590
outage of more than twenty-four consecutive hours, not caused by the 591
affected customer, shall file a report with the authority and the Office of 592
State Broadband within fifteen days of such service outage. 593
(d) On or before December 31, 2021, the authority shall initiate a 594
proceeding to investigate the resiliency of service and infrastructure 595
provided by wireline cable, telecommunications and broadband 596
Internet access service providers to ensure proper planning for the 597
timely restoration of broadband Internet access services following 598
electrical or other outages. 599
Sec. 16. (NEW) (Effective July 1, 2021) (a) At the time of initial 600
activation of broadband Internet access service, and annually thereafter 601
or upon request, each broadband Internet access service provider shall 602
provide customers with a notice (1) listing all available options for 603
broadband Internet access service, including upload and download 604
speeds, (2) charges for each option of broadband Internet access service, 605
(3) credit policies, including any finance charges or late payment 606
charges, and (4) a description of network management practices related 607
to an end user's usage of broadband Internet access service. 608 Governor's Bill No. 6442
LCO No. 3274 20 of 28
(b) Not less than thirty days prior to implementing any changes to (1) 609
charges for broadband Internet access service or equipment use, (2) 610
upload or download speeds, and (3) network management practices 611
related to an end user's usage of broadband Internet access service, each 612
broadband Internet access service provider shall inform the Public 613
Utilities Regulatory Authority, the Department of Energy and 614
Environmental Protection, the chairpersons of the joint standing 615
committee of the General Assembly having cognizance of matters 616
relating to energy, the Office of State Broadband and each customer 617
within the affected service area. 618
Sec. 17. (NEW) (Effective July 1, 2021) On or before March 1, 2022, and 619
annually thereafter, each broadband Internet access service provider 620
shall file a report with the Public Utilities Regulatory Authority, the 621
Department of Energy and Environmental Protection, the chairpersons 622
of the joint standing committee of the General Assembly having 623
cognizance of matters relating to energy, the Office of State Broadband 624
and the Department of Economic and Community Development 625
concerning its operations within the state, including availability of 626
broadband Internet access service areas, broadband Internet upload and 627
download speeds in each service area, service outages and other 628
requirements as determined by the authority. The annual report shall be 629
provided in a form designated by the authority, in consultation with the 630
Department of Energy and Environmental Protection, the Department 631
of Economic and Community Development and the Office of State 632
Broadband. 633
Sec. 18. Section 16-331f of the general statutes is repealed and the 634
following is substituted in lieu thereof (Effective July 1, 2021): 635
[(a) The Public Utilities Regulatory Authority shall not require a 636
certified competitive video service provider to comply with any facility 637
build-out requirements or provide video service to any customer using 638
any specific technology. The Public Utilities Regulatory Authority shall 639
initiate a contested case proceeding, in accordance with the provisions 640
of chapter 54, three years after the issuance of the certificate of video 641 Governor's Bill No. 6442
LCO No. 3274 21 of 28
franchise authority to such provider to investigate the availability of the 642
certified competitive video service provider's video services and report 643
its findings to the joint standing committee of the General Assembly 644
having cognizance of matters relating to energy and technology.] 645
(a) On or before September 30, 2022, each certified competitive video 646
service provider shall submit an affidavit to the Public Utilities 647
Regulatory Authority, the Department of Energy and Environmental 648
Protection, the chairpersons of the joint standing committee of the 649
General Assembly having cognizance of matters relating to energy, the 650
Office of State Broadband and the Department of Economic and 651
Community Development certifying that the provider has facilities in 652
the public highways, streets or other public rights-of-way, in its service 653
areas, capable of providing video service, and all other services that the 654
provider offers, to each residential, governmental and commercial 655
address. Any such provider may consider the use of existing state 656
broadband assets to comply with this section. 657
(b) The authority shall not impose any provision regulating rates 658
charged by certified competitive video service providers for video 659
service, or impose any other requirements or conditions for video 660
service, except as set forth in sections 16-331e to 16-331o, inclusive. 661
[(c) The rights and responsibilities under section 16-333a regarding 662
service and wiring to multiunit residential buildings shall apply to a 663
certified competitive video service provider.] 664
(c) No certified competitive video service provider may assess a 665
contribution in aid of construction or any other charge to any potential 666
customer for the build out of any facilities in the public highways, streets 667
or other public rights-of-way. 668
(d) Upon failure to comply with subsection (a) or (c) of this section, 669
the authority may impose civil penalties pursuant to sections 16-41 and 670
16-331o and undertake a proceeding to revoke the certificate of video 671
franchise authority for substantial noncompliance pursuant to section 672
16-331o. 673 Governor's Bill No. 6442
LCO No. 3274 22 of 28
Sec. 19. Section 16-331q of the general statutes is repealed and the 674
following is substituted in lieu thereof (Effective July 1, 2021): 675
[(a) The Public Utilities Regulatory Authority shall not require a 676
company issued a certificate of cable franchise authority to comply with 677
any facility build-out requirements or provide community antenna 678
television service or video service to any customer using any specific 679
technology.] 680
(a) On or before September 30, 2022, each holder of a certificate of 681
cable franchise authority shall submit an affidavit to the Public Utilities 682
Regulatory Authority, the Department of Energy and Environmental 683
Protection, the chairpersons of the joint standing committee of the 684
General Assembly having cognizance of matters relating to energy, the 685
Office of State Broadband and the Department of Economic and 686
Community Development certifying that the provider has facilities in 687
the public highways, streets or other public rights-of-way, in its service 688
areas, capable of providing video service, and all other services that the 689
provider offers, to each residential, governmental and commercial 690
address. Any such provider may consider the use of existing state 691
broadband assets to comply with this section. 692
(b) No holder of a certificate of cable franchise authority may assess 693
a contribution in aid of construction or any other charge to any potential 694
customer for the build out of any facilities in the public highways, streets 695
or other public rights-of-way. 696
(c) Upon failure to comply with subsection (a) or (b) of this section, 697
the authority may impose civil penalties pursuant to sections 16-41 and 698
16-331aa and undertake a proceeding to revoke the certificate of cable 699
franchise authority for substantial noncompliance pursuant to section 700
16-331aa. 701
[(b)] (d) The Public Utilities Regulatory Authority shall not impose 702
any provision regulating rates charged by a community antenna 703
television company holding a certificate of cable franchise authority, 704
except as set forth in federal law. 705 Governor's Bill No. 6442
LCO No. 3274 23 of 28
Sec. 20. (NEW) (Effective July 1, 2021) (a) As used in this section: 706
(1) "Make-ready" means the modification or replacement of a public 707
utility pole, or of the lines or equipment on the public utility pole, to 708
accommodate additional facilities on the pole; and 709
(2) "One-touch make-ready" means make-ready in which the person 710
attaching new equipment to a public utility pole performs all of the 711
make-ready work. 712
(b) On or before January 31, 2022, the Public Utilities Regulatory 713
Authority shall develop a process in an uncontested proceeding for the 714
construction of facilities in the public highways, streets or other public 715
rights-of-way to ensure timely and nondiscriminatory procedures that 716
accomplish public utility pole attachments and conduit excavations for 717
telecommunications service providers and broadband Internet access 718
service providers. 719
(c) On or before January 31, 2022, the authority shall develop a one-720
touch make-ready process in an uncontested proceeding for 721
attachments of telecommunications service and broadband Internet 722
access service facilities on public utility poles to be implemented by the 723
owners of such public utility poles. 724
(d) On or before January 1, 2022, the authority shall submit a report 725
to the joint standing committee of the General Assembly having 726
cognizance of matters relating to energy, the Office of State Broadband, 727
the Department of Energy and Environmental Protection, the 728
Department of Economic and Community Development and the 729
Department of Transportation. Such report shall include the authority's 730
fully developed one-touch make-ready process. 731
(e) Upon application by the Internet access service providers for the 732
construction of underground facilities that will contain conduit for 733
telecommunications service providers or broadband Internet access 734
service providers, the authority shall condition any approval of such 735
application on the following conditions: 736 Governor's Bill No. 6442
LCO No. 3274 24 of 28
(1) The size of such conduit must be consistent with industry best 737
practices and sufficient to accommodate potential demand; 738
(2) Any handholes and manholes for fiber optic cable access and 739
pulling with respect to each such practice are placed at intervals 740
consistent with industry best practices; 741
(3) Such conduit shall be installed with a pull tape and capabilities of 742
supporting additional fiber optic cable; 743
(4) The applicant shall notify telecommunications service providers 744
and broadband Internet access service providers of the proposed 745
excavation to reduce the potential for future street excavations in the 746
same location; 747
(5) Any requesting telecommunications service provider or 748
broadband Internet access service provider shall be able to access such 749
conduit on a competitively neutral and nondiscriminatory basis and for 750
a charge not to exceed a cost-based rate; and 751
(6) The applicant shall report to the authority upon completion of any 752
approved construction verifying that it has complied with the 753
provisions of this subsection. 754
(f) For excavations in the state highway rights-of-way, the applicant 755
shall comply with the Department of Transportation's encroachment 756
permit process, including the payment of any applicable fees. Any 757
application for construction in the public highways, streets or other 758
public rights-of-way shall require the applicant to install a conduit for 759
the benefit of the Department of Transportation, as required by section 760
16-233 of the general statutes, as amended by this act. 761
(g) The Commissioner of Transportation is authorized to lease space, 762
or enter into any other contract or agreement to permit access to such 763
space, in any conduit installed by the Department of Transportation in 764
the public highways, streets or other public rights-of-way on such terms 765
and conditions, and for any purpose, deemed to be in the public interest 766 Governor's Bill No. 6442
LCO No. 3274 25 of 28
by said commissioner. 767
(h) Nothing herein shall be construed to limit the use of conduit by 768
the Department of Transportation on public highways, streets or other 769
public rights-of-way as otherwise permitted by law. 770
(i) Any applicant for a public utility pole attachment license made to 771
the owner or custodian of a public utility pole shall be granted a 772
temporary license within thirty days of submitting a complete license 773
application and a permanent license within ninety days of submitting a 774
complete license application. 775
(j) The authority shall establish an expedited dispute resolution 776
process to address any issues that may arise between an individual 777
attaching telecommunications service or broadband Internet access 778
service facilities on a public utility pole and the owner or custodian of 779
such pole. 780
(k) All public service companies, as defined by section 16-1 of the 781
general statutes, and other persons that are authorized by the authority 782
to install facilities in, under or over the public highways, streets or other 783
public rights-of-way shall obey, observe and comply with this section 784
and each applicable order made by the authority with respect to pole 785
attachments and underground conduit. Failure to comply with this 786
section or applicable orders of the authority may result in a fine up to 787
one hundred thousand dollars for a wilful violation or up to fifty 788
thousand dollars for any other violations. The authority shall impose 789
any such civil penalty in accordance with the procedure established in 790
section 16-41 of the general statutes. Any such fines are not recoverable 791
costs in any rate proceeding conducted by the authority. 792
Sec. 21. (NEW) (Effective July 1, 2021) Each broadband Internet access 793
service provider shall have the same right of access to an occupied 794
building, as defined in section 16-247l of the general statutes, as afforded 795
to certified telecommunications service providers under section 16-247l 796
of the general statutes. 797 Governor's Bill No. 6442
LCO No. 3274 26 of 28
Sec. 22. Section 16-247r of the general statutes is repealed and the 798
following is substituted in lieu thereof (Effective July 1, 2021): 799
No telephone company or certified telecommunications provider, as 800
defined in section 16-1, or broadband Internet access service provider 801
shall refuse to provide telecommunications services or broadband 802
Internet access services to, or refuse to negotiate to provide such services 803
to any customer because of age, race, creed, color, national origin, 804
ancestry, sex, gender identity or expression, marital status, sexual 805
orientation, lawful source of income, economic status, disability or 806
familial status. No telephone company , [or] certified 807
telecommunications provider or broadband Internet access service 808
provider shall decline to provide telecommunications services or 809
broadband Internet access services to a customer for the sole reason that 810
the customer is located in an economically distressed geographic area 811
or the customer qualifies for hardship status under section 16-262c, as 812
amended by this act, or any other provision of federal or state law. No 813
telephone company, [or] certified telecommunications provider or 814
broadband Internet access service provider shall terminate or refuse to 815
reinstate telecommunications services or broadband Internet access 816
services except in accordance with the provisions of this title. An 817
affected person may seek enforcement of this requirement by filing a 818
complaint with the Public Utilities Regulatory Authority. A 819
municipality within which the potential broadband Internet access 820
service customer resides, or the Office of State Broadband, may be 821
considered an affected person for purposes of this section. 822
Sec. 23. Subsection (a) of section 16-262c of the general statutes is 823
repealed and the following is substituted in lieu thereof (Effective July 1, 824
2021): 825
(a) Notwithstanding any other provision of the general statutes no 826
electric distribution, gas, telephone or water company, no electric 827
supplier or certified telecommunications provider, no broadband 828
Internet access service provider and no municipal utility furnishing 829
electric, gas, telephone or water service shall cause cessation of any such 830 Governor's Bill No. 6442
LCO No. 3274 27 of 28
service by reason of delinquency in payment for such service (1) on any 831
Friday, Saturday, Sunday, legal holiday or day before any legal holiday, 832
provided such a company , electric supplier, certified 833
telecommunications provider, no broadband Internet access service 834
provider or municipal utility may cause cessation of such service to a 835
nonresidential account on a Friday which is not a legal holiday or the 836
day before a legal holiday when the business offices of the company, 837
electric supplier, certified telecommunications provider, no broadband 838
Internet access service provider or municipal utility are open to the 839
public the succeeding Saturday, (2) at any time during which the 840
business offices of said company, electric supplier, certified 841
telecommunications provider, no broadband Internet access service 842
provider or municipal utility are not open to the public, or (3) within 843
one hour before the closing of the business offices of said company, 844
electric supplier or municipal utility. 845
Sec. 24. (NEW) (Effective July 1, 2021) The State Building Inspector and 846
the Codes and Standards Committee shall, in accordance with section 847
29-252b of the general statutes, revise the State Building Code to include 848
provisions requiring buildings that qualify as a new construction or a 849
major alteration of a commercial or multifamily building to include a 850
minimum infrastructure requirement to support broadband Internet 851
access service. The State Building Inspector and the Codes and 852
Standards Committee shall define such minimum infrastructure 853
requirements in such revisions. 854
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 New section
Sec. 3 July 1, 2021 New section
Sec. 4 July 1, 2021 New section
Sec. 5 July 1, 2021 New section
Sec. 6 July 1, 2021 16-233
Sec. 7 July 1, 2021 7-536(a)(4)
Sec. 8 July 1, 2021 16-11 Governor's Bill No. 6442
LCO No. 3274 28 of 28
Sec. 9 July 1, 2021 16-12
Sec. 10 July 1, 2021 16-16
Sec. 11 July 1, 2021 16-47
Sec. 12 July 1, 2021 16-49
Sec. 13 July 1, 2021 New section
Sec. 14 July 1, 2021 New section
Sec. 15 July 1, 2021 New section
Sec. 16 July 1, 2021 New section
Sec. 17 July 1, 2021 New section
Sec. 18 July 1, 2021 16-331f
Sec. 19 July 1, 2021 16-331q
Sec. 20 July 1, 2021 New section
Sec. 21 July 1, 2021 New section
Sec. 22 July 1, 2021 16-247r
Sec. 23 July 1, 2021 16-262c(a)
Sec. 24 July 1, 2021 New section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]