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General Assembly Substitute Bill No. 6442
January Session, 2021
AN ACT CONCERNING EQ UITABLE ACCESS TO BR OADBAND.
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 and 1
sections 2 to 24, inclusive, of this act: 2
(1) "Broadband Internet access service" means a mass-market retail 3
service by wire or radio that provides the capability to transmit data to 4
and receive data from all or substantially all Internet endpoints, 5
including any capabilities that are incidental to and enable the operation 6
of the communications service, but excluding dial-up Internet access 7
service; 8
(2) "Broadband Internet access service provider" means any person or 9
entity that provides broadband Internet access service through facilities 10
occupying public highways or streets authorized by the Public Utilities 11
Regulatory Authority, including through a certificate of public 12
convenience and necessity, a certificate of video franchise authority, a 13
certificate of cable franchise authority, or as a certified 14
telecommunications provider; 15
(3) "Content, applications and services" means all traffic transmitted 16
to or from end users of a broadband Internet access service; and 17
(4) "End user" means any person or entity that uses a broadband 18 Substitute Bill No. 6442
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Internet access service. 19
Sec. 2. (NEW) (Effective July 1, 2021) In carrying out the provisions of 20
this section and sections 3 to 24, inclusive, of this act, each state agency 21
shall consider the extent to which their programs or policies provide for 22
affordable, high-speed broadband Internet access service that is vital to 23
the welfare and development of our society; will promote economic 24
development in the state; will expand educational and employment 25
opportunities for residents of the state; will improve access to telehealth 26
services, as that term is defined in section 19a-906 of the general statutes; 27
and will enhance the delivery of services by public, private and not-for-28
profit institutions and entities. Such programs and policies shall (1) 29
ensure the universal availability and accessibility of high-speed 30
broadband Internet access service to all residents and businesses in the 31
state, (2) establish an advanced standard for broadband Internet access 32
service that increases with consumer demand and technological 33
developments, (3) ensure that broadband Internet access service is 34
available and affordable on a nondiscriminatory basis for all segments 35
of the state's population, regardless of income, race, ethnicity and 36
religion, (4) study and create structures that allow partners and 37
providers to successfully build and sustain broadband Internet access 38
service infrastructure in all corners of the state, (5) ensure that state, 39
municipal and private educational institutions have continual access to 40
broadband Internet access service at all times for educational and 41
learning purposes, (6) encourage existing and new broadband Internet 42
access service providers to pilot and offer affordable services for 43
residents, businesses and state and municipal governments, (7) create a 44
regulatory environment that protects consumers and incentivizes 45
innovation, competition and robust services from broadband Internet 46
access service providers, and (8) invest in the development of a diverse 47
broadband Internet access service technology workforce by 48
encouraging strong ties to the state's educational community to grow 49
the talent pipeline. 50
Sec. 3. (NEW) (Effective July 1, 2021) (a) The Office of Policy and 51 Substitute Bill No. 6442
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Management shall, in accordance with sections 4d-90 and 4-67p of the 52
general statutes and in consultation with the Department of Energy and 53
Environmental Protection, the Office of State Broadband, the 54
Department of Economic and Community Development and other state 55
agencies deemed appropriate by the Office of Policy and Management, 56
develop a plan and reporting requirements to produce up-to-date maps 57
of broadband availability and upload and download speeds in the state. 58
Broadband Internet access service providers shall be consulted in the 59
development of the plan and reporting requirements for producing and 60
maintaining detailed and accurate broadband maps for the state. The 61
Office of Policy and Management may employ outside consultants in 62
the development of such maps. 63
(b) The Commissioner of Economic and Community Development 64
shall make recommendations to the Office of Policy and Management, 65
for inclusion in the joint report pursuant to subsection (c) of this section, 66
concerning the needs of the business community and economic 67
development. 68
(c) On or before January 31, 2022, the Office of Policy and 69
Management, the Office of State Broadband and the Department of 70
Energy and Environmental Protection shall jointly report to the 71
Governor concerning the status of the plan described in subsection (a) 72
of this section. 73
(d) The Commission for Educational Technology, established 74
pursuant to section 4d-80 of the general statutes, shall, in consultation 75
with the Department of Education, the Office of State Broadband, the 76
Office of Policy Management, the Connecticut State Colleges and 77
Universities, the Office of Higher Education and the Department of 78
Economic and Community Development, conduct an analysis on the 79
availability of broadband Internet access service and learning devices 80
for students in prekindergarten to grade twelve, inclusive, and post-81
secondary education, including vocational and technical opportunities, 82
in concert with and informed by state broadband mapping activities. 83 Substitute Bill No. 6442
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(e) On or before July 1, 2023, the Commission for Educational 84
Technology shall submit a report to the Governor and the General 85
Assembly. Such report shall provide the status of the analysis required 86
pursuant to this section. 87
Sec. 4. (NEW) (Effective July 1, 2021) (a) On or before January 31, 2022, 88
the Department of Energy and Environmental Protection shall, in 89
consultation with the Office of State Broadband, the Department of 90
Economic and Community Development, the Commission for 91
Educational Technology and the Office of Policy and Management, 92
establish a broadband Internet speed classification metric of (1) well 93
served, (2) adequately served, and (3) underserved communities in the 94
state to inform state policy, investment strategy and consumer 95
awareness. Such Internet speed classification metrics shall include both 96
upload and download speed metrics and other applicable standards, as 97
determined by the Department of Energy and Environmental 98
Protection, and shall be adjusted annually, as provided in subsection (c) 99
of this section, as of the following October first and each subsequent 100
October first. 101
(b) On or before January 31, 2022, and annually thereafter, the 102
Department of Energy and Environmental Protection, in consultation 103
with the Office of State Broadband, the Office of Policy and 104
Management and the Department of Eco nomic and Community 105
Development, shall report on the broadband Internet speed 106
classification metrics, described in subsection (a) of this section, and 107
additional data sharing requirements developed in subsection (a) of 108
section 3 of this act, to the Governor and the joint standing committee of 109
the General Assembly having cognizance of matters relating to energy. 110
(c) On or before January 31, 2022, and annually thereafter, the 111
Department of Energy and Environmental Protection, in consultation 112
with the Office of State Broadband, the Office of Policy and 113
Management and the Department of Economic and Community 114
Development shall report on the status and progress made toward a 115
state-wide goal of attaining, on or before January 1, 2027, universal 116 Substitute Bill No. 6442
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access to (1) broadband Internet download speeds averaging one gigabit 117
per second, and (2) broadband Internet upload speeds averaging two 118
hundred megabits per second to the Governor and the joint standing 119
committee of the General Assembly having cognizance of matters 120
relating to energy, until such time as said goal is met. 121
Sec. 5. (NEW) (Effective July 1, 2021) (a) Each broadband Internet 122
access service provider shall maintain and make available to an Internet 123
service account holder and to the owner of the serviced property, free of 124
charge, records of the property's available broadband Internet upload 125
and download speeds for the preceding twelve months of occupation. 126
(b) For any such property, the property owner shall, at the time the 127
property is publicly listed for sale or rent, disclose, upon request, the 128
broadband Internet upload and download speeds for the preceding 129
twelve months of occupation. 130
Sec. 6. Section 16-233 of the general statutes is repealed and the 131
following is substituted in lieu thereof (Effective July 1, 2021): 132
Each town, city, borough, or fire district [or] and the Department of 133
Transportation shall have the right to occupy and use for any purpose, 134
including, but not limited to, the provision of broadband Internet access 135
service by any town, city or borough to the public in such town, city or 136
borough, either directly or through commercial arrangements with 137
third-party entities, without payment therefor, one gain upon each 138
public utility pole or in each underground communications duct system 139
installed by a public service company within the limits of any such 140
town, city, borough or district, except if a town, city or borough sells its 141
right to occupy and use said gain to a private third-party company, such 142
company shall pay any public utility pole administration or attachment 143
fees, as applicable. The location or relocation of any such gain shall be 144
prescribed by the Public Utilities Regulatory Authority. Any such gain 145
shall be reserved for use by the town, city, borough, or fire district [or] 146
and the Department of Transportation. 147 Substitute Bill No. 6442
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Sec. 7. Subdivision (4) of subsection (a) of section 7-536 of the general 148
statutes is repealed and the following is substituted in lieu thereof 149
(Effective July 1, 2021): 150
(4) "Local capital improvement project" means a municipal capital 151
expenditure project for any of the following purposes: (A) Road 152
construction, renovation, repair or resurfacing, (B) sidewalk and 153
pavement improvements, (C) construction, renovation, enlargement or 154
repair of sewage treatment plants and sanitary or storm, water or sewer 155
lines, including separation of lines, (D) public building construction 156
other than schools, including renovation, repair, code compliance, 157
energy conservation and fire safety projects, (E) construction, 158
renovation, enlargement or repair of dams, bridges and flood control 159
projects, (F) construction, renovation, enlargement or repair of water 160
treatment or filtration plants and water mains, (G) construction, 161
renovation or enlargement of solid waste facilities, (H) improvements to 162
public parks, (I) the preparation and revision of local capital 163
improvement plans projected for a period of not less than five years and 164
so prepared as to show the general description, need and estimated cost 165
of each individual capital improvement, (J) improvements to emergency 166
communications systems and building security systems, including for 167
schools, (K) public housing projects, including renovations and 168
improvements and energy conservation and the development of 169
additional housing, (L) renovations to or construction of veterans' 170
memorial monuments, (M) thermal imaging systems, (N) bulky waste 171
and landfill projects, (O) the preparation and revision of municipal 172
plans of conservation and development adopted pursuant to section 8-173
23, provided such plans are endorsed by the legislative body of the 174
municipality not more than one hundred eighty days after adoption by 175
the commission, (P) acquisition of automatic external defibrillators, (Q) 176
floodplain management and hazard mitigation activities, (R) on-board 177
oil refining systems consisting of a filtration canister and evaporation 178
canister that remove solid and liquid contaminants from lubricating oil, 179
(S) activities related to the planning and construction of a municipal 180
broadband network, provided the broadband Internet download speed 181 Substitute Bill No. 6442
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of the network shall be not less than [three hundred eighty-four 182
thousand bits per second] one gigabit per second and the broadband 183
Internet upload speed of the network shall be not less than two hundred 184
megabits per second, (T) establishment of bikeways and greenways, (U) 185
land acquisition, including for open space, and costs involved in making 186
land available for public uses, (V) acquisition of technology related to 187
implementation of the Department of Education's common core state 188
standards, (W) technology upgrades, including for improvements to 189
expand public access to government information through electronic 190
portals and kiosks, (X) for the fiscal years ending June 30, 2013, and June 191
30, 2014, acquisition of snow removal equipment, capital expenditures 192
made to improve public safety, and capital expenditures made to 193
facilitate regional cooperation, and (Y) for hazardous tree removal or 194
trimming for nonutility-related hazardous branches, limbs and trees on 195
municipal property or within a municipal right-of-way. "Local capital 196
improvement project" means only capital expenditures and includes 197
repairs incident to reconstruction and renovation but does not include 198
ordinary repairs and maintenance of an ongoing nature. As used in this 199
subdivision, "floodplain management" and "hazard mitigation" have the 200
same meanings as provided in section 25-68j; 201
Sec. 8. Section 16-11 of the general statutes is repealed and the 202
following is substituted in lieu thereof (Effective July 1, 2021): 203
The Public Utilities Regulatory Authority shall, so far as is 204
practicable, keep fully informed as to the condition of the plant, 205
equipment and manner of operation of all public service companies and 206
broadband Internet access service providers in respect to their adequacy 207
and suitability to accomplish the duties imposed upon such companies 208
by law and in respect to their relation to the safety of the public and of 209
the employees of such companies. The authority may order such 210
reasonable improvements, repairs or alterations in such plant or 211
equipment, or such changes in the manner of operation, as may be 212
reasonably necessary in the public interest. The general purposes of this 213
section and sections 16-19, 16-25, 16-43 and 16-47, as amended by this 214 Substitute Bill No. 6442
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act, are to assure to the state of Connecticut its full powers to regulate 215
its public service companies and broadband Internet access service 216
providers, to increase the powers of the Public Utilities Regulatory 217
Authority and to promote local control of the public service companies 218
and broadband Internet access service providers of this state, and said 219
sections shall be so construed as to effectuate these purposes. 220
Sec. 9. Section 16-12 of the general statutes is repealed and the 221
following is substituted in lieu thereof (Effective July 1, 2021): 222
Any person or any town, city or borough may make complaint, in 223
writing, to the Public Utilities Regulatory Authority, of any defects in 224
any portion of the plant or equipment of any public service company, 225
broadband Internet access service provider or electric supplier, or of the 226
manner of operating such plant, by reason of which the public safety or 227
the health or safety of employees is endangered; and, if he or it so 228
requests, the name of the complainant shall not be divulged unless in 229
the opinion of the authority the complaint is such that publicity is 230
demanded. 231
Sec. 10. Section 16-16 of the general statutes is repealed and the 232
following is substituted in lieu thereof (Effective July 1, 2021): 233
Each public service company, broadband Internet access service 234
provider and electric supplier subject to regulation by the Public 235
Utilities Regulatory Authority shall, in the event of any accident 236
attended with personal injury or involving public safety, which was or 237
may have been connected with or due to the operation of its or his 238
property, or caused by contact with the wires of any public service 239
company, broadband Internet access service provider or electric 240
supplier, notify the authority thereof, by telephone or otherwise, as soon 241
as may be reasonably possible after the occurrence of such accident, 242
unless such accident is a minor accident, as defined by regulations of the 243
authority. Each such person, company, broadband Internet access 244
service provider or electric supplier shall report such minor accidents to 245
the authority in writing, in summary form, once each month. If notice of 246 Substitute Bill No. 6442
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such accident, other than a minor accident, is given otherwise than in 247
writing, it shall be confirmed in writing within five days after the 248
occurrence of such accident. Any person, company, broadband Internet 249
access service provider or electric supplier failing to comply with the 250
provisions of this section shall be fined not more than five [hundred] 251
thousand dollars for each offense. 252
Sec. 11. Section 16-47 of the general statutes is repealed and the 253
following is substituted in lieu thereof (Effective July 1, 2021): 254
(a) As used in this section and section 16-47a, (1) "holding company" 255
means any corporation, association, partnership, trust or similar 256
organization, or person which, either alone or in conjunction and 257
pursuant to an arrangement or understanding with one or more other 258
corporations, associations, partnerships, trusts or similar organizations, 259
or persons, directly or indirectly, controls a gas, electric distribution, 260
water, telephone or community antenna television company, certified 261
telecommunications provider, certified competitive video service 262
provider, certified video franchise authority provider or broadband 263
Internet access service provider, and (2) "control" means the possession 264
of the power to direct or cause the direction of the management and 265
policies of a gas, electric distribution, water, telephone or community 266
antenna television company, certified telecommunications provider, 267
certified competitive video service provider, certified video franchise 268
authority provider, broadband Internet access service provider or a 269
holding company, whether through the ownership of its voting 270
securities, the ability to effect a change in the composition of its board 271
of directors or otherwise, provided, control shall not be deemed to arise 272
solely from a revocable proxy or consent given to a person in response 273
to a public proxy or consent solicitation made pursuant to and in 274
accordance with the applicable rules and regulations of the Securities 275
Exchange Act of 1934 unless a participant in said solicitation has 276
announced an intention to effect a merger or consolidation with, 277
reorganization, or other business combination or extraordinary 278
transaction involving the gas, electric distribution, water, telephone or 279 Substitute Bill No. 6442
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community antenna television company, certified telecommunications 280
provider, certified competitive video service provider, certified video 281
franchise authority provider, broadband Internet access service 282
provider or the holding company. Control shall be presumed to exist if 283
a person directly or indirectly owns ten per cent or more of the voting 284
securities of a gas, electric distribution, water, telephone or community 285
antenna television company, certified telecommunications provider, 286
certified competitive video service provider, certified video franchise 287
authority provider, broadband Internet access service provider or a 288
holding company, provided the authority may determine, after 289
conducting a hearing, that said presumption of control has been 290
rebutted by a showing that such ownership does not in fact confer 291
control. 292
(b) No gas, electric distribution, water, telephone or community 293
antenna television company, certified telecommunications provider, 294
certified competitive video service provider, certified video franchise 295
authority provider, broadband Internet access service provider, or 296
holding company, or any official, board or commission purporting to 297
act under any governmental authority other than that of this state or of 298
its divisions, municipal corporations or courts, shall interfere or attempt 299
to interfere with or, directly or indirectly, exercise or attempt to exercise 300
authority or control over any gas, electric distribution, water, telephone 301
or community antenna television com pany, certified 302
telecommunications provider, certified competitive video service 303
provider, certified video franchise authority provider or broadband 304
Internet access service provider engaged in the business of supplying 305
service within this state, or with or over any holding company doing the 306
principal part of its business within this state, without first making 307
written application to and obtaining the approval of the Public Utilities 308
Regulatory Authority, except as the United States may properly regulate 309
actual transactions in interstate commerce. 310
(c) No corporation, association, partnership, trust or similar 311
organization, or person shall take any action that causes it to become a 312 Substitute Bill No. 6442
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holding company with control over a gas, electric distribution, water, 313
telephone or community antenna television company , certified 314
telecommunications provider, certified competitive video service 315
provider, certified video franchise authority provider or broadband 316
Internet access service provider engaged in the business of supplying 317
service within this state, or acquire, directly or indirectly, control over 318
such a holding company, or take any action that would if successful 319
cause it to become or to acquire control over such a holding company, 320
without first making written application to and obtaining the approval 321
of the authority. Any such corporation, association, partnership, trust or 322
similar organization, or person applying to the authority for such 323
approval shall pay the reasonable expenses incurred by the authority in 324
carrying out its duties under this subsection, and accordingly, shall 325
deposit with the authority a bond, executed by a surety company 326
authorized to do business in this state, in the amount of fifty thousand 327
dollars, conditioned to indemnify the authority for such expenses. 328
(d) The Public Utilities Regulatory Authority shall investigate and 329
hold a public hearing on the question of granting its approval with 330
respect to any application made under subsection (b) or (c) of this 331
section and thereafter may approve or disapprove any such application 332
in whole or in part and upon such terms and conditions as it deems 333
necessary or appropriate. In connection with its investigation, the 334
authority may request the views of the gas, electric distribution, water, 335
telephone or community antenna television company, certified 336
telecommunications provider, certified competitive video service 337
provider, certified video franchise authority provider, broadband 338
Internet access service provider or holding company which is the subject 339
of the application with respect to the proposed acquisition. After the 340
filing of an application satisfying the requirements of such regulations 341
as the authority may adopt in accordance with the provisions of chapter 342
54, but not later than thirty business days after the filing of such 343
application, the authority shall give prompt notice of the public hearing 344
to the person required to file the application and to the subject company 345
or holding company. Such hearing shall be commenced as promptly as 346 Substitute Bill No. 6442
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practicable after the filing of the application, but not later than sixty 347
business days after the filing, and the authority shall make its 348
determination as soon as practicable, but not later than two hundred 349
days after the filing of the application, provided it may, before the end 350
of such period and upon notifying all parties and intervenors to the 351
proceedings, extend the period by thirty days, provided that 352
community antenna television companies, holders of a certificate of 353
cable franchise authority and holders of a certificate of video franchise 354
authority shall be determined by the authority within one hundred 355
twenty days, or unless the person required to file the application agrees 356
to an extension of time. The authority may, in its discretion, grant the 357
subject company or holding company the opportunity to participate in 358
the hearing by presenting evidence and oral and written argument. If 359
the authority fails to give notice of its determination to hold a hearing, 360
commence the hearing, or render its determination after the hearing 361
within the time limits specified in this subdivision, the proposed 362
acquisition shall be deemed approved. In each proceeding on a written 363
application submitted under said subsection (b) or (c), the authority 364
shall, in a manner which treats all parties to the proceeding on an equal 365
basis, take into consideration (1) the financial, technological and 366
managerial suitability and responsibility of the applicant, (2) the ability 367
of the gas, electric distribution, water, telephone or community antenna 368
television company, certified telecommunications provider, certified 369
competitive video service provider, certified video franchise authority 370
provider, broadband Internet access service provider or holding 371
company which is the subject of the application to provide safe, 372
adequate and reliable service to the public through the company's plant, 373
equipment and manner of operation if the application were to be 374
approved, and (3) for an application concerning a telephone company, 375
the effect of approval on the location and accessibility of management 376
and operations and on the proportion and number of state resident 377
employees. The authority shall only grant its approval of an application 378
filed on or after January 1, 2021, made under subsection (c) of this 379
section, if the holding company effects a change in the composition of 380
the board of directors to include a proportional percentage of 381 Substitute Bill No. 6442
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Connecticut-based directors equivalent to the percentage that 382
Connecticut service areas represent of the total service areas covered by 383
the holding company. 384
(e) During any proceeding under subsection (b) or (c) of this section, 385
the authority may order any party to such proceeding and the officers, 386
directors, employees and agents of such party to refrain for a specific 387
time period from communicating, directly or indirectly, with the record 388
and beneficial owners of securities of the gas, electric distribution, 389
water, telephone or community antenna television company, certified 390
telecommunications provider, certified competitive video service 391
provider, certified video franchise authority provider, broadband 392
Internet access service provider or holding company which is the subject 393
of such proceedings, in regard to the matters submitted to the authority 394
for its approval under said subsection (b) or (c). If the authority issues 395
such an order, it shall also order all other parties to the proceeding and 396
the officers, directors, employees and agents of such parties to refrain 397
for the same time period from communicating, directly or indirectly, 398
with such record and beneficial owners of such securities, in regard to 399
such matters. No order issued pursuant to this subsection shall prohibit 400
any party from complying with disclosure and reporting obligations 401
under any other provision of the general statutes or under federal law. 402
(f) Each holding company shall, not later than three months after the 403
close of its fiscal year, annually, file with the authority a copy of its 404
annual report to stockholders for such fiscal year. If the holding 405
company does not print such an annual report, it shall file instead, not 406
later than the same date, a comprehensive audit and report of its 407
accounts and operations prepared by an independent public accounting 408
firm approved by the authority. The provisions of this subsection shall 409
not apply to any holding company in the form of a person. 410
(g) Any action contrary to the provisions of subsections (b) or (c) of 411
this section shall be voidable on order of the authority. 412
(h) Whenever any corporation, association, partnership, trust or 413 Substitute Bill No. 6442
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similar organization, or person takes or engages in any action which 414
may or would violate subsection (b) or (c) of this section or any order 415
adopted pursuant to said subsection (b) or (c), the Superior Court, upon 416
application of the authority or any holding company or gas, electric 417
distribution, water, telephone or community antenna television 418
company, certified telecommunications provider, certified competitive 419
video service provider, certified video franchise authority provider or 420
broadband Internet access service provider affected by such action, may 421
enjoin any such corporation, association, partnership, trust or similar 422
organization, or person from continuing or doing any act in violation of 423
said subsection (b) or (c) or may otherwise enforce compliance with said 424
subsection (b) or (c), including but not limited to, the reinstatement of 425
authority or control over the holding company or gas, electric 426
distribution, water, telephone or community antenna television 427
company, certified telecommunications provider, certified competitive 428
video service provider, certified video franchise authority provider, 429
broadband Internet access service provider or holding company to those 430
persons who exercised authority or control over such company before 431
such action. 432
(i) The provisions of this section shall not be construed to require any 433
person to make written application to or obtain the approval of the 434
authority with respect to any telephone company or holding company 435
of a telephone company over which such person exercises authority or 436
control or operates as a holding company on June 30, 1987. 437
Sec. 12. Section 16-49 of the general statutes is repealed and the 438
following is substituted in lieu thereof (Effective July 1, 2021): 439
(a) As used in this section: 440
(1) "Company" means (A) any public service company other than a 441
telephone company, that had more than one hundred thousand dollars 442
of gross revenues in the state in the calendar year preceding the 443
assessment year under this section, except any such company not 444
providing service to retail customers in the state, (B) any telephone 445 Substitute Bill No. 6442
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company that had more than one hundred thousand dollars of gross 446
revenues in the state from telecommunications services in the calendar 447
year preceding the assessment year under this section, except any such 448
company not providing service to retail customers in the state, (C) any 449
certified telecommunications provider that had more than one hundred 450
thousand dollars of gross revenues in the state from 451
telecommunications services in the calendar year preceding the 452
assessment year under this section, except any such certified 453
telecommunications provider not providing service to retail customers 454
in the state, (D) any electric supplier that had more than one hundred 455
thousand dollars of gross revenues in the state in the calendar year 456
preceding the assessment year under this section, except any such 457
supplier not providing electric generation services to retail customers in 458
the state, [or] (E) any certified competitive video service provider issued 459
a certificate of video franchise authority by the Public Utilities 460
Regulatory Authority in accordance with section 16-331e that had more 461
than one hundred thousand dollars of gross revenues in the state in the 462
calendar year preceding the assessment year under this section, except 463
any such certified competitive video service provider not providing 464
service to retail customers in the state, or (F) any broadband Internet 465
access service provider that had more than one hundred thousand 466
dollars of gross revenues in the state from broadband Internet access 467
services in the calendar year preceding the assessment year under this 468
section; 469
(2) "Telecommunications services" means (A) in the case of 470
telecommunications services provided by a telephone company, any 471
service provided pursuant to a tariff approved by the authority other 472
than wholesale services and resold access and interconnections services, 473
and (B) in the case of telecommunications services provided by a 474
certified telecommunications provider other than a telephone company, 475
any service provided pursuant to a tariff approved by the authority and 476
pursuant to a certificate of public convenience and necessity; and 477
(3) "Fiscal year" means the period beginning July first and ending 478 Substitute Bill No. 6442
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June thirtieth. 479
(b) On or before July 15, 1999, and on or before May first, annually 480
thereafter, each company shall report its intrastate gross revenues of the 481
preceding calendar year to the Public Utilities Regulatory Authority, 482
which amount shall be subject to audit by the authority. For each fiscal 483
year, each company shall pay the authority the company's share of all 484
expenses of the department's Bureau of Energy and Technology, the 485
Office of Consumer Counsel, the Office of Policy and Management's 486
expenses related to the duties under sections 3 and 4 of this act, and the 487
operations of the Public Utilities Regulatory Authority for such fiscal 488
year. On or before September first, annually, the authority shall give to 489
each company a statement which shall include: (1) The amount 490
appropriated to the department's Bureau of Energy and Technology, the 491
Office of Consumer Counsel, the Office of Policy and Management's 492
expenses related to the duties under sections 3 and 4 of this act, and the 493
operations of the Public Utilities Regulatory Authority for the fiscal year 494
beginning July first of the same year; (2) the total gross revenues of all 495
companies; and (3) the proposed assessment against the company for 496
the fiscal year beginning on July first of the same year, adjusted to reflect 497
the estimated payment required under subdivision (1) of subsection (c) 498
of this section. Such proposed assessment shall be calculated by 499
multiplying the company's percentage share of the total gross revenues 500
as specified in subdivision (2) of this subsection by the total revenue 501
appropriated to the department's Bureau of Energy and Technology, the 502
Office of Consumer Counsel, the Office of Policy and Management's 503
expenses related to the duties under sections 3 and 4 of this act, and the 504
operations of the Public Utility Regulatory Authority, as specified in 505
subdivision (1) of this subsection. 506
(c) Each company shall pay the authority: (1) On or before June 507
thirtieth, annually, an estimated payment for the expenses of the 508
following year equal to twenty-five per cent of its assessment for the 509
fiscal year ending on such June thirtieth, (2) on or before September 510
thirtieth, annually, twenty-five per cent of its proposed assessment, 511 Substitute Bill No. 6442
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adjusted to reflect any credit or amount due under the recalculated 512
assessment for the preceding fiscal year, as determined by the authority 513
under subsection (d) of this section, provided if the company files an 514
objection in accordance with subsection (e) of this section, it may 515
withhold the amount stated in its objection, and (3) on or before the 516
following December thirty-first and March thirty-first, annually, the 517
remaining fifty per cent of its proposed assessment in two equal 518
installments. 519
(d) Immediately following the close of each fiscal year, the authority 520
shall recalculate the proposed assessment of each company, based on 521
the expenses, as determined by the Comptroller, of the department's 522
Bureau of Energy and Technology, the Office of Consumer Counsel, the 523
Office of Policy and Management's expenses related to the duties under 524
sections 3 and 4 of this act, and the operations of the Public Utilities 525
Regulatory Authority for such fiscal year. On or before September first, 526
annually, the authority shall give to each company a statement showing 527
the difference between its recalculated assessment and the amount 528
previously paid by the company. 529
(e) Any company may object to a proposed or recalculated 530
assessment by filing with the authority, not later than September 531
fifteenth of the year of said assessment, a petition stating the amount of 532
the proposed or recalculated assessment to which it objects and the 533
grounds upon which it claims such assessment is excessive, erroneous, 534
unlawful or invalid. After a company has filed a petition, the authority 535
shall hold a hearing. After reviewing the company's petition and 536
testimony, if any, the authority shall issue an order in accordance with 537
its findings. The company shall pay the authority the amount indicated 538
in the order not later than thirty days after the date of the order. 539
(f) The authority shall remit all payments received under this section 540
to the State Treasurer for deposit in the Consumer Counsel and Public 541
Utility Control Fund established under section 16-48a. Such funds shall 542
be accounted for as expenses recovered from public service companies, 543
broadband Internet access service providers and certified 544 Substitute Bill No. 6442
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telecommunications providers. All payments made under this section 545
shall be in addition to any taxes payable to the state under chapters 211, 546
212, 212a and 219. 547
(g) Any assessment unpaid on the due date or any portion of an 548
assessment withheld after the due date under subsection (c) of this 549
section shall be subject to interest at the rate of one and one-fourth per 550
cent per month or fraction thereof, or fifty dollars, whichever is greater. 551
(h) Any company that fails to report in accordance with this section 552
shall be subject to civil penalties in accordance with section 16-41. 553
Sec. 13. (NEW) (Effective July 1, 2021) (a) The Public Utilities 554
Regulatory Authority shall receive, process and record consumer and 555
business complaints for each broadband Internet access service 556
provider. 557
(b) A broadband Internet access service provider shall implement a 558
process for handling inquiries from the authority and customer 559
inquiries, billing issues, service issues and other complaints. In the event 560
an issue is not resolved through such process, a customer may request 561
of the authority a confidential, nonbinding mediation with the 562
broadband Internet access service provider, and a designated member 563
of the authority staff shall serve as the mediator. If the mediation is 564
unsuccessful, the customer may file a formal complaint with the 565
authority. If the provider is found to be in noncompliance with any 566
provision of this section, the authority shall order such provider to 567
remedy such noncompliance within a reasonable period of time. Failure 568
to comply may subject the provider to civil penalties under section 16-569
41 of the general statutes and injunctive relief under section 16-10 of the 570
general statutes. 571
Sec. 14. (NEW) (Effective July 1, 2021) No broadband Internet access 572
service provider shall (1) block, restrict or interfere with an end user's 573
use of nonharmful devices, (2) interfere with an end user's ability to 574
select a broadband Internet access service provider, or (3) deny a 575 Substitute Bill No. 6442
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potential customer broadband Internet access service based on 576
discriminatory financial terms, credit scores or arrearage on charges for 577
other services offered by the broadband Internet access service provider. 578
Sec. 15. (NEW) (Effective July 1, 2021) (a) Broadband Internet access 579
service providers shall restore broadband Internet access service to such 580
provider's customers within twenty-four hours after the restoration of 581
electrical service following an electrical outage, unless the Public 582
Utilities Regulatory Authority provides an extension of time due to the 583
severity of a weather, or other catastrophic, event. 584
(b) Notwithstanding any provision of the general statutes, each 585
broadband Internet access service provider shall provide to any affected 586
customer a credit or refund, on the balance of such customer's account, 587
for any outage, continuous or intermittent, of broadband Internet access 588
service that occurs for such customer for more than twenty-four 589
consecutive hours, unless the outage was caused by such customer. 590
(c) Any broadband Internet access service provider with a service 591
outage of more than twenty-four consecutive hours, not caused by the 592
affected customer, shall file a report with the authority and the Office of 593
State Broadband within fifteen days of such service outage. 594
(d) On or before December 31, 2021, the authority shall initiate a 595
proceeding to investigate the resiliency of service and infrastructure 596
provided by wireline cable, telecommunications and broadband 597
Internet access service providers to ensure proper planning for the 598
timely restoration of broadband Internet access services following 599
electrical or other outages. 600
Sec. 16. (NEW) (Effective July 1, 2021) (a) At the time of initial 601
activation of broadband Internet access service, and annually thereafter 602
or upon request, each broadband Internet access service provider shall 603
provide each customer with a notice (1) listing all available options for 604
broadband Internet access service, including upload and download 605
speeds, (2) charges for each option of broadband Internet access service, 606 Substitute Bill No. 6442
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(3) credit policies, including any finance charges or late payment 607
charges, and (4) a description of network management practices related 608
to an end user's usage of broadband Internet access service. 609
(b) Not less than thirty days prior to implementing any changes to (1) 610
charges for broadband Internet access service or equipment use, (2) 611
upload or download speeds, and (3) network management practices 612
related to an end user's usage of broadband Internet access service, each 613
broadband Internet access service provider shall inform the Public 614
Utilities Regulatory Authority, the Department of Energy and 615
Environmental Protection, the chairpersons of the joint standing 616
committee of the General Assembly having cognizance of matters 617
relating to energy, the Office of State Broadband and each customer 618
within the affected service area. 619
Sec. 17. (NEW) (Effective July 1, 2021) On or before March 1, 2022, and 620
annually thereafter, each broadband Internet access service provider 621
shall file a report with the Public Utilities Regulatory Authority, the 622
Department of Energy and Environmental Protection, the chairpersons 623
of the joint standing committee of the General Assembly having 624
cognizance of matters relating to energy, the Office of State Broadband 625
and the Department of Economic and Community Development 626
concerning its operations within the state, including availability of 627
broadband Internet access service areas, broadband Internet upload and 628
download speeds in each service area, service outages and other 629
requirements as determined by the authority. Such annual report shall 630
be provided in a form designated by the authority, in consultation with 631
the Department of Energy and Environmental Protection, the 632
Department of Economic and Community Development and the Office 633
of State Broadband. 634
Sec. 18. Section 16-331f of the general statutes is repealed and the 635
following is substituted in lieu thereof (Effective July 1, 2021): 636
[(a) The Public Utilities Regulatory Authority shall not require a 637
certified competitive video service provider to comply with any facility 638 Substitute Bill No. 6442
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build-out requirements or provide video service to any customer using 639
any specific technology. The Public Utilities Regulatory Authority shall 640
initiate a contested case proceeding, in accordance with the provisions 641
of chapter 54, three years after the issuance of the certificate of video 642
franchise authority to such provider to investigate the availability of the 643
certified competitive video service provider's video services and report 644
its findings to the joint standing committee of the General Assembly 645
having cognizance of matters relating to energy and technology.] 646
(a) On or before September 30, 2022, each certified competitive video 647
service provider shall submit an affidavit to the Public Utilities 648
Regulatory Authority, the Department of Energy and Environmental 649
Protection, the chairpersons of the joint standing committee of the 650
General Assembly having cognizance of matters relating to energy, the 651
Office of State Broadband and the Department of Economic and 652
Community Development certifying that the provider has facilities in 653
the public highways, streets or other public rights-of-way, in its service 654
areas, capable of providing video service, and all other services that the 655
provider offers, to each residential, governmental and commercial 656
address. Any such provider may consider the use of existing state 657
broadband assets to comply with this section. 658
(b) The authority shall not impose any provision regulating rates 659
charged by certified competitive video service providers for video 660
service, or impose any other requirements or conditions for video 661
service, except as set forth in sections 16-331e to 16-331o, inclusive. 662
[(c) The rights and responsibilities under section 16-333a regarding 663
service and wiring to multiunit residential buildings shall apply to a 664
certified competitive video service provider.] 665
(c) No certified competitive video service provider may assess a 666
contribution in aid of construction or any other charge to any potential 667
customer for the build out of any facilities in the public highways, streets 668
or other public rights-of-way. 669 Substitute Bill No. 6442
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(d) Upon failure to comply with subsection (a) or (c) of this section, 670
the authority may impose civil penalties pursuant to sections 16-41 and 671
16-331o and undertake a proceeding to revoke the certificate of video 672
franchise authority for substantial noncompliance pursuant to section 673
16-331o. 674
Sec. 19. Section 16-331q of the general statutes is repealed and the 675
following is substituted in lieu thereof (Effective July 1, 2021): 676
[(a) The Public Utilities Regulatory Authority shall not require a 677
company issued a certificate of cable franchise authority to comply with 678
any facility build-out requirements or provide community antenna 679
television service or video service to any customer using any specific 680
technology.] 681
(a) On or before September 30, 2022, each holder of a certificate of 682
cable franchise authority shall submit an affidavit to the Public Utilities 683
Regulatory Authority, the Department of Energy and Environmental 684
Protection, the chairpersons of the joint standing committee of the 685
General Assembly having cognizance of matters relating to energy, the 686
Office of State Broadband and the Department of Economic and 687
Community Development certifying that the provider has facilities in 688
the public highways, streets or other public rights-of-way, in its service 689
areas, capable of providing video service, and all other services that the 690
provider offers, to each residential, governmental and commercial 691
address. Any such provider may consider the use of existing state 692
broadband assets to comply with this section. 693
(b) No holder of a certificate of cable franchise authority may assess 694
a contribution in aid of construction or any other charge to any potential 695
customer for the build out of any facilities in the public highways, streets 696
or other public rights-of-way. 697
(c) Upon failure to comply with subsection (a) or (b) of this section, 698
the authority may impose civil penalties pursuant to sections 16-41 and 699
16-331aa and undertake a proceeding to revoke the certificate of cable 700 Substitute Bill No. 6442
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franchise authority for substantial noncompliance pursuant to section 701
16-331aa. 702
[(b)] (d) The Public Utilities Regulatory Authority shall not impose 703
any provision regulating rates charged by a community antenna 704
television company holding a certificate of cable franchise authority, 705
except as set forth in federal law. 706
Sec. 20. (NEW) (Effective July 1, 2021) (a) As used in this section: 707
(1) "Make-ready" means the modification or replacement of a public 708
utility pole, or of the lines or equipment on the public utility pole, to 709
accommodate additional facilities on the pole; and 710
(2) "One-touch make-ready" means make-ready in which the person 711
attaching new equipment to a public utility pole performs all of the 712
make-ready work. 713
(b) On or before January 31, 2022, the Public Utilities Regulatory 714
Authority shall develop a process in an uncontested proceeding for the 715
construction of facilities in the public highways, streets or other public 716
rights-of-way to ensure timely and nondiscriminatory procedures that 717
accomplish public utility pole attachments and conduit excavations for 718
telecommunications service providers and broadband Internet access 719
service providers. 720
(c) On or before January 31, 2022, the authority shall develop a one-721
touch make-ready process in an uncontested proceeding for 722
attachments of telecommunications service and broadband Internet 723
access service facilities on public utility poles to be implemented by the 724
owners of such public utility poles. 725
(d) On or before January 1, 2022, the authority shall submit a report 726
to the joint standing committee of the General Assembly having 727
cognizance of matters relating to energy, the Office of State Broadband, 728
the Department of Energy and Environmental Protection, the 729
Department of Economic and Community Development and the 730 Substitute Bill No. 6442
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Department of Transportation. Such report shall include the authority's 731
fully developed one-touch make-ready process. 732
(e) Upon application by the Internet access service providers for the 733
construction of underground facilities that will contain conduit for 734
telecommunications service providers or broadband Internet access 735
service providers, the authority shall condition any approval of such 736
application on the following conditions: 737
(1) The size of such conduit shall be consistent with industry best 738
practices and sufficient to accommodate potential demand; 739
(2) Any handholes and manholes for fiber optic cable access and 740
pulling with respect to each such practice shall be placed at intervals 741
consistent with industry best practices; 742
(3) Such conduit shall be installed with a pull tape and capabilities of 743
supporting additional fiber optic cable; 744
(4) The applicant shall notify telecommunications service providers 745
and broadband Internet access service providers of the proposed 746
excavation to reduce the potential for future street excavations in the 747
same location; 748
(5) Any requesting telecommunications service provider or 749
broadband Internet access service provider shall be able to access such 750
conduit on a competitively neutral and nondiscriminatory basis and for 751
a charge not to exceed a cost-based rate; and 752
(6) The applicant shall report to the authority upon completion of any 753
approved construction verifying that it has complied with the 754
provisions of this subsection. 755
(f) For excavations in the state highway rights-of-way, the applicant 756
shall comply with the Department of Transportation's encroachment 757
permit process, including the payment of any applicable fees. Any 758
application for construction in the public highways, streets or other 759 Substitute Bill No. 6442
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public rights-of-way shall require the applicant to install a conduit for 760
the benefit of the Department of Transportation, as required by section 761
16-233 of the general statutes, as amended by this act. 762
(g) The Commissioner of Transportation is authorized to lease space, 763
or enter into any other contract or agreement to permit access to such 764
space, in any conduit installed by the Department of Transportation in 765
the public highways, streets or other public rights-of-way on such terms 766
and conditions, and for any purpose, deemed to be in the public interest 767
by said commissioner. 768
(h) Nothing in this section shall be construed to limit the use of 769
conduit by the Department of Transportation on public highways, 770
streets or other public rights-of-way as otherwise permitted by law. 771
(i) Any applicant for a public utility pole attachment license made to 772
the owner or custodian of a public utility pole shall be granted a 773
temporary license within thirty days of submitting a complete license 774
application and a permanent license within ninety days of submitting a 775
complete license application. 776
(j) The authority shall establish an expedited dispute resolution 777
process to address any issues that may arise between an individual 778
attaching telecommunications service or broadband Internet access 779
service facilities on a public utility pole and the owner or custodian of 780
such pole. 781
(k) All public service companies, as defined by section 16-1 of the 782
general statutes, and other persons that are authorized by the authority 783
to install facilities in, under or over the public highways, streets or other 784
public rights-of-way shall obey, observe and comply with this section 785
and each applicable order made by the authority with respect to pole 786
attachments and underground conduit. Failure to comply with this 787
section or applicable orders of the authority may result in a fine of not 788
more than one hundred thousand dollars for a wilful violation or not 789
more than fifty thousand dollars for any other violations. The authority 790 Substitute Bill No. 6442
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shall impose any such civil penalty in accordance with the procedure 791
established in section 16-41 of the general statutes. Any such fines shall 792
not be recoverable costs in any rate proceeding conducted by the 793
authority. 794
Sec. 21. (NEW) (Effective July 1, 2021) Each broadband Internet access 795
service provider shall have the same right of access to an occupied 796
building, as defined in section 16-247l of the general statutes, as afforded 797
to certified telecommunications service providers under section 16-247l 798
of the general statutes. 799
Sec. 22. Section 16-247r of the general statutes is repealed and the 800
following is substituted in lieu thereof (Effective July 1, 2021): 801
No telephone company or certified telecommunications provider, as 802
defined in section 16-1, or broadband Internet access service provider 803
shall refuse to provide telecommunications services or broadband 804
Internet access services to, or refuse to negotiate to provide such services 805
to any customer because of age, race, creed, color, national origin, 806
ancestry, sex, gender identity or expression, marital status, sexual 807
orientation, lawful source of income, economic status, disability or 808
familial status. No telepho ne company, [or] certified 809
telecommunications provider or broadband Internet access service 810
provider shall decline to provide telecommunications services or 811
broadband Internet access services to a customer for the sole reason that 812
the customer is located in an economically distressed geographic area 813
or the customer qualifies for hardship status under section 16-262c, as 814
amended by this act, or any other provision of federal or state law. No 815
telephone company, [or] certified telecommunications provider or 816
broadband Internet access service provider shall terminate or refuse to 817
reinstate telecommunications services or broadband Internet access 818
services except in accordance with the provisions of this title. An 819
affected person may seek enforcement of this requirement by filing a 820
complaint with the Public Utilities Regulatory Authority. A 821
municipality within which the potential broadband Internet access 822
service customer resides, or the Office of State Broadband, may be 823 Substitute Bill No. 6442
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considered an affected person for purposes of this section. 824
Sec. 23. Subsection (a) of section 16-262c of the general statutes is 825
repealed and the following is substituted in lieu thereof (Effective July 1, 826
2021): 827
(a) Notwithstanding any other provision of the general statutes no 828
electric distribution, gas, telephone or water company, no electric 829
supplier or certified telecommunications provider, no broadband 830
Internet access service provider and no municipal utility furnishing 831
electric, gas, telephone or water service shall cause cessation of any such 832
service by reason of delinquency in payment for such service (1) on any 833
Friday, Saturday, Sunday, legal holiday or day before any legal holiday, 834
provided such a company, electric supplier, certified 835
telecommunications provider, broadband Internet access service 836
provider or municipal utility may cause cessation of such service to a 837
nonresidential account on a Friday which is not a legal holiday or the 838
day before a legal holiday when the business offices of the company, 839
electric supplier, certified telecommunications provider, broadband 840
Internet access service provider or municipal utility are open to the 841
public the succeeding Saturday, (2) at any time during which the 842
business offices of said company, electric supplier, certified 843
telecommunications provider, broadband Internet access service 844
provider or municipal utility are not open to the public, or (3) within 845
one hour before the closing of the business offices of said company, 846
electric supplier or municipal utility. 847
Sec. 24. (NEW) (Effective July 1, 2021) The State Building Inspector and 848
the Codes and Standards Committee shall, in accordance with section 849
29-252b of the general statutes, revise the State Building Code to include 850
provisions requiring buildings that qualify as a new construction or a 851
major alteration of a commercial or multifamily building to include a 852
minimum infrastructure requirement to support broadband Internet 853
access service. The State Building Inspector and the Codes and 854
Standards Committee shall define such minimum infrastructure 855
requirements in such revisions. 856 Substitute Bill No. 6442
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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
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 Legislative Commissioners:
Throughout the bill, technical changes were made for clarity and
conformity to standard drafting conventions and in Section 23, the word
"no" was deleted for internal consistency.
ET Joint Favorable Subst. -LCO