Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H68 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 248 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 68
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to internet service outages.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/11/2023 1 of 5
16	16	HOUSE DOCKET, NO. 248 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 68
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 68) of
19	19	David Henry Argosky LeBoeuf relative to internet service outages. Advanced Information
20	20	Technology, the Internet and Cybersecurity.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3952 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to internet service outages.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 25C of the General Laws is hereby amended by adding the following section:-
32	32	2 Section 9. (a) As used in this section the following terms shall, unless the context clearly
33	33	3requires otherwise, have the following meanings:
34	34	4 “Broadband internet access service” or “service”, a mass-market retail service by wire or
35	35	5radio that provides the capability to transmit data to and receive data from all or substantially all
36	36	6internet endpoints, including any capabilities that are incidental to and enable the operation of
37	37	7the communications service, but excluding dial-up internet access service. The term “broadband
38	38	8internet access service” or “service” shall also encompass any service that the federal
39	39	9communications commission finds to be providing a functional equivalent of the service 2 of 5
40	40	10described in the first sentence of this definition or that is used to evade the protections set forth in
41	41	11this section.
42	42	12 “Internet service provider” or “provider”, any person, business or organization qualified
43	43	13to do business in the commonwealth that provides individuals, corporations or other entities with
44	44	14broadband internet access service.
45	45	15 (b) Each internet service provider conducting business in the commonwealth shall
46	46	16annually, on or before May 15, submit to the department an emergency response plan for review
47	47	17and approval. The emergency response plan shall be designed for the reasonably prompt
48	48	18restoration of service in the case of an emergency event, which is an event where widespread
49	49	19outages have occurred in the service area of the company due to storms or other causes beyond
50	50	20the control of the provider. The emergency response plan shall include, but not be limited to, the
51	51	21following:--
52	52	22 (1) the identification of management staff responsible for provider operations during an
53	53	23emergency, the number of service workers who are available to respond to an emergency within
54	54	2424 hours and an estimate of the number of crews who are available to respond to an emergency
55	55	25within 24 hours;
56	56	26 (2) a communications system with customers during an emergency that includes
57	57	27continuous access to staff assistance and 3 times daily updates on estimated return of service
58	58	28including via telephone, a website in which the 3 times daily updates shall be displayed
59	59	29prominently for easy public access and 1 other form of appropriate media outreach; provided,
60	60	30that such updates shall begin upon completion of a damage assessment or after the first 24 hours
61	61	31of a damage assessment, whichever occurs first; 3 of 5
62	62	32 (3) contact with and procedures for prioritizing service restoration to customers who had
63	63	33documented their need for essential internet service;
64	64	34 (4)(i) designation of staff to communicate with designated local emergency management
65	65	35officials, relevant regulatory agencies and designated community liaisons as required by
66	66	36subsection (g); and (ii) designation of staff to be posted at the Massachusetts emergency
67	67	37management agency's emergency operations center, as required by subsection (f);
68	68	38 (5) provisions regarding how the provider will assure the safety of its employees and
69	69	39contractors;
70	70	40 (6) procedures for deploying provider and mutual aid crews to work assignment areas;
71	71	41 (7) identification of additional supplies and equipment needed during an emergency and
72	72	42the means of obtaining additional supplies and equipment; and
73	73	43 (8) designation of a call center located in the commonwealth for service assistance for the
74	74	44duration of an emergency or until full service is restored, whichever occurs first. The call center
75	75	45shall be staffed continuously for the duration of the emergency and to ensure sufficient staffing
76	76	46levels to handle all customer calls.
77	77	47 The submission to the department shall also include a copy of all written mutual
78	78	48assistance agreements among providers and utilities. The department shall accord protected
79	79	49treatment under section 5D of chapter 25 of confidential, competitively sensitive or other
80	80	50proprietary information contained in any emergency response plan and shall also confirm the
81	81	51application of subclause (n) of clause Twenty-sixth of section 7 of chapter 4 so as not to
82	82	52jeopardize public safety. 4 of 5
83	83	53 (c) After review of an internet service provider’s emergency response plan, the
84	84	54department may request that the provider amend the plan. The department may open an
85	85	55investigation of the provider’s plan. If, after hearings, the department finds a material deficiency
86	86	56in the plan, the department may order the provider to make such modifications that it deems
87	87	57reasonably necessary to remedy the deficiency.
88	88	58 (d) Any internet service provider failing to file its emergency response plan may be fined
89	89	59$500 for each day during which such failure continues. The fines levied by the department shall
90	90	60be deposited in the General Fund.
91	91	61 (e) Notwithstanding any existing power or authority, the department may open an
92	92	62investigation to review the performance of any internet service provider in restoring service
93	93	63during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the
94	94	64department finds that, as a result of the failure of the provider to implement its emergency
95	95	65response plan, the length of the outages were materially longer than they would have been but
96	96	66for the provider’s failure, the department may deny the recovery of all, or any part of, the service
97	97	67restoration costs through costs to consumers, commensurate with the degree and impact of the
98	98	68service outage.
99	99	69 (f) Each internet service provider, when implementing an emergency response plan, shall
100	100	70designate an employee or employees to remain stationed at the Massachusetts emergency
101	101	71management agency's emergency operations center for the length of the emergency. The
102	102	72employee or employees shall coordinate communications efforts with designated local
103	103	73emergency management officials and emergency management officials, as required by this
104	104	74section. 5 of 5
105	105	75 (g) Each internet service provider, when implementing an emergency response plan, shall
106	106	76designate an employee or employees to serve as community liaisons for each municipality within
107	107	77their service territory. A provider shall provide each community liaison with the necessary feeder
108	108	78map or maps outlining distribution networks and up-to-date customer outage reports at the time
109	109	79of designation as a community liaison. A provider shall provide each community liaison with 3
110	110	80times daily customer outage report updates for the liaison's respective city or town. The
111	111	81community liaison shall utilize the maps and outage reports to respond to inquiries from state
112	112	82and local officials and relevant regulatory agencies.
113	113	83 (h) Notwithstanding any general or special law or rule or regulation to the contrary, each
114	114	84internet service provider conducting business in the commonwealth shall provide periodic
115	115	85reports to the department and the Massachusetts emergency management agency regarding
116	116	86emergency conditions and restoration performance during an emergency event.
117	117	87 (i) Each internet service provider shall file with the emergency management director of
118	118	88each municipality within their service territory a copy of the emergency response plan and any
119	119	89updates. Failure to file the plan with each emergency management director shall result in a fine
120	120	90of $500. The fines levied by the department shall be deposited in the General Fund.
121	121	91 (j) On or before October 1 of each year, every city or town shall notify each internet
122	122	92service provider and the Massachusetts emergency management agency the name of the
123	123	93emergency management official or designee responsible for coordinating the emergency
124	124	94response during storm restoration. If a municipality does not have a designated emergency
125	125	95management official, the chief municipal officer shall designate 1 public safety official
126	126	96responsible for said emergency response.