Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3527 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. 2342 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3527
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rita A. Mendes
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 preserving broadband service for low-income consumers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Rita A. Mendes11th Plymouth1/16/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2342 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3527
18	18	By Representative Mendes of Brockton, a petition (accompanied by bill, House, No. 3527) of
19	19	Rita A. Mendes relative to broadband service for low-income consumers. Telecommunications,
20	20	Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act preserving broadband service for low-income consumers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 25C of the General Laws is hereby amended by inserting after
30	30	2Section 9 the following section:-
31	31	3 Section 10. Broadband internet access service for low-income consumers.
32	32	4 a) For the purposes of this section, the term "broadband internet access service" shall
33	33	5mean a mass-market retail service that provides the capability to transmit data to and receive data
34	34	6from all or substantially all internet endpoints, including any capabilities that are incidental to
35	35	7and enable the operation of the communications service provided by a wireline, fixed wireless or
36	36	8satellite service provider, but shall not include dial-up service.
37	37	9 b) Every person, business, corporation, or their agents providing or seeking to provide
38	38	10wireline, fixed wireless or satellite broadband service in the commonwealth shall, no later than
39	39	11sixty days after the effective date of this section, offer high speed broadband service to low-
40	40	12income consumers whose household: 2 of 6
41	41	13 (i) has a member that participates in one of these assistance programs:
42	42	14 1. SNAP
43	43	15 2. Medicaid
44	44	16 3. Supplemental Security Income (SSI)
45	45	17 4. Federal or State Housing Assistance
46	46	18 5. WIC
47	47	19 6. Veterans Pension or Survivor Benefits
48	48	20 7. Lifeline
49	49	21 8. Qualifying Tribal land assistance programs
50	50	22 9. Free or reduced-priced lunch through the National School Lunch Program; or
51	51	23 (ii) whose annual gross household income is not in excess of two hundred percent of the
52	52	24federal poverty guidelines as updated periodically in the Federal Register by the United States
53	53	25Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2).
54	54	26
55	55	27 c) Such low-income broadband service shall provide a minimum download speed equal
56	56	28to the greater of one hundred megabits per second download speed or the download speed of the
57	57	29provider's existing low-income broadband service sold to customers in the state subject to
58	58	30exceptions adopted by the department of telecommunications and cable where such download
59	59	31speed is not reasonably practicable. 3 of 6
60	60	32 d) Broadband service for low-income consumers, as set forth in this section, shall be
61	61	33provided at a cost of no more than fifteen dollars per month, inclusive of any recurring taxes and
62	62	34fees such as recurring rental fees for service provider equipment required to obtain broadband
63	63	35service and usage fees. Broadband service providers shall allow low-income broadband service
64	64	36subscribers to purchase standalone or bundled cable and/or phone services separately. Broadband
65	65	37service providers may, once every five years, and after thirty days' notice to its customers and the
66	66	38department of public service, increase the price of this service by the lesser of the most recent
67	67	39change in the consumer price index or a maximum of two percent per year of the price for such
68	68	40service.
69	69	41 (e) Broadband service for low-income consumers of public entities that provide or seek to
70	70	42provide wireline, fixed wireless or satellite broadband service in the commonwealth may be
71	71	43provided at a cost of no more than fifteen dollars per month or at a cost that is not overly
72	72	44financially burdensome to the public entity.
73	73	45 f) A broadband service provider who offers a high speed broadband service to eligible
74	74	46low-income customers, as such term is used in subdivision two of this section, at a download
75	75	47speed of two hundred megabits per second or greater at a cost of no more than twenty dollars per
76	76	48month, inclusive of any recurring taxes and fees such as recurring rental fees for service provider
77	77	49equipment required to obtain broadband service and usage fees, shall be considered to be in
78	78	50compliance with the requirements of subdivisions two and three of this section. Such providers
79	79	51may, once every two years, and after thirty days' notice to its customers and the department of
80	80	52telecommunications and cable increase the price of such service by the lesser of the most recent
81	81	53change in the consumer price index or a maximum of two percent per year of the price for such
82	82	54service. 4 of 6
83	83	55
84	84	56 g) Every person, business, corporation, or their agents providing or seeking to provide
85	85	57broadband service in Massachusetts shall make all commercially reasonable efforts to promote
86	86	58and advertise the availability of broadband service for low-income consumers including, but not
87	87	59limited to, the prominent display of, and enrollment procedures for, such service on its website
88	88	60and in any written and commercial promotional materials developed to inform consumers who
89	89	61may be eligible for service pursuant to this section.
90	90	62
91	91	63 f) Every person, business, corporation, or their agents providing or seeking to provide
92	92	64broadband service in Massachusetts shall annually submit to the department of
93	93	65telecommunications and cable no later than November fifteenth after the effective date of this
94	94	66act, and annually thereafter, a compliance report setting forth: (a) a description of the service
95	95	67offered pursuant to this section; (b) the number of consumers enrolled in such service; (c) a
96	96	68description of the procedures being used to verify the eligibility of customers receiving such
97	97	69service; (d) a description and samples of the advertising or marketing efforts undertaken to
98	98	70advertise or promote such service; (e) a description of all retail rate products, including pricing,
99	99	71offered by such person, business, corporation, or their agents; (f) a description, including speed
100	100	72and price, of all broadband products offered in the Commonwealth of Massachusetts; and (g)
101	101	73such other information as the department of telecommunications and cable may require.
102	102	74
103	103	75 g) The department of telecommunications and cable shall, within two years of the
104	104	76effective date of this section and at least every five years thereafter, undertake a proceeding to 5 of 6
105	105	77determine if the minimum broadband download speed in this section should be increased to the
106	106	78federal communications commission's benchmark broadband download speed, or to another
107	107	79minimum broadband download speed if the federal communications commission has not
108	108	80increased its benchmark by such date. The department of telecommunications and cable shall
109	109	81also: (a) undertake appropriate measures to inform the public about available broadband
110	110	82products, including retail rate product offerings and low-income offerings; and (b) periodically,
111	111	83but no less than once every five years, review eligibility requirements for the low-income service
112	112	84required pursuant to this section, and update such requirements as may be necessary to meet the
113	113	85needs of consumers.
114	114	86
115	115	87 h) Whenever there shall be a violation of this section, an application may be made by the
116	116	88attorney general in the name of the people of the commonwealth to a court or justice having
117	117	89jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of
118	118	90not less than five days, to enjoin and restrain the continuance of such violation; and if it shall
119	119	91appear to the satisfaction of the court or justice that the defendant has, in fact, violated this
120	120	92section, an injunction may be issued by the court or justice, enjoining and restraining any further
121	121	93violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
122	122	94In any such proceeding, the court may make allowances to the attorney general as provided in
123	123	95section five of chapter twelve of civil actions and direct restitution. Whenever the court shall
124	124	96determine that a violation of this section has occurred, the court may impose a civil penalty of
125	125	97not more than one thousand dollars per violation. In connection with any such proposed
126	126	98application, the attorney general is authorized to take proof and make a determination of the
127	127	99relevant facts and to issue subpoenas in accordance with the civil practice law and rules. 6 of 6
128	128	100
129	129	101 SECTION 2. This act shall take effect upon its passage.