EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1553*
HOUSE BILL 1553
C9, I4, P1 5lr3597
By: Delegate Fair
Introduced and read first time: February 25, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Commercial Law – Broadband Access – Low–Income Consumer Programs 2
(Maryland Broadband Opportunity and Fairness Act) 3
FOR the purpose of requiring each broadband provider in the State to establish a program 4
to provide broadband services to eligible low–income consumers at certain prices 5
depending on speed on or before a certain date; authorizing the Office of Statewide 6
Broadband in the Department of Housing and Community Development to exempt 7
certain providers from the requirement to establish a program; altering the duties of 8
the Office; and generally relating to broadband access for low–income consumers. 9
BY repealing and reenacting, with amendments, 10
Article – Commercial Law 11
Section 13–301(14)(xlii) 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Commercial Law 16
Section 13–301(14)(xliii) 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Commercial Law 21
Section 13–301(14)(xliv); and 14–5001 through 14–5005 to be under the new subtitle 22
“Subtitle 50. Maryland Broadband Opportunity and Fairness” 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Housing and Community Development 27 2 HOUSE BILL 1553
Section 6.5–101 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Housing and Community Development 5
Section 6.5–104(a)(1), (2), (4), and (5) and (e) 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Commercial Law 11
13–301. 12
Unfair, abusive, or deceptive trade practices include any: 13
(14) Violation of a provision of: 14
(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 15
(xliii) Title 14, Subtitle 48 of this article; or 16
(XLIV) TITLE 14, SUBTITLE 50 OF THIS ARTICLE; OR 17
SUBTITLE 50. MARYLAND BROADBAND OPPORTUNITY AND FAIRNESS. 18
14–5001. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) (1) “BROADBAND SERVICE” MEANS A MASS–MARKET RETAIL SERVIC E 22
THAT PROVIDES THE CA PABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM 23
ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABI LITIES 24
THAT ARE INCIDENTAL TO AND ENABLE THE OP ERATION OF COMMUNICA TIONS 25
SERVICES PROVIDED BY A WIRELINE , FIXED WIRELESS , MOBILE WIRELESS 26
BROADBAND , OR SATELLITE SERVICE PROVIDER. 27
(2) “BROADBAND SERVICE ” DOES NOT INCLUDE DIA L–UP SERVICE. 28
(C) “LOW–INCOME CONSUMER ” MEANS AN INDIVIDUAL WHOSE HOUSEHOLD 29
OR AT LEAST ONE MEMB ER OF THE HOUSEHOLD : 30 HOUSE BILL 1553 3
(1) MEETS THE ELIGIBILITY CRITERIA FOR: 1
(I) FREE AND REDUCED PRICED MEAL PROGRAMS 2
ESTABLISHED BY THE U.S. DEPARTMENT OF AGRICULTURE ; 3
(II) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 4
BENEFITS; OR 5
(III) MEDICAID BENEFITS ; 6
(2) IN THE PRIOR TAX ABLE YEAR, MET THE ELIGIBILITY CRITERIA 7
FOR: 8
(I) THE MARYLAND EARNED INCOME TAX CR EDIT; OR 9
(II) THE CREDIT FOR THE EL DERLY AND THE PERMAN ENTLY 10
AND TOTALLY DISABLED UNDER 26 U.S.C. § 22; 11
(3) RECEIVES A BENEFIT TH ROUGH A LOW –INCOME ENERGY 12
ASSISTANCE PROGRAM ; OR 13
(4) HAS AN ANNUAL HOUSEHO LD INCOME AT OR BELO W 200% OF THE 14
FEDERAL POVERTY GUID ELINES. 15
(D) “OFFICE” MEANS THE OFFICE OF STATEWIDE BROADBAND IN THE 16
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT . 17
(E) “PROGRAM” MEANS A LOW–INCOME CONSUMER PROG RAM. 18
(F) “PROVIDER” MEANS A PERSON THAT PROVIDES BROADB AND SERVICE. 19
14–5002. 20
(A) ON OR BEFORE DECEMBER 1, 2025, EACH PROVIDER IN THE STATE 21
SHALL ESTABLISH A LOW –INCOME CONSUMER PROG RAM. 22
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , A 23
PROGRAM SHALL OFFER BROADBAND SERV ICE TO ELIGIBLE LOW –INCOME 24
CONSUMER S AT A PRICE NOT TO EX CEED: 25
4 HOUSE BILL 1553
(I) $15 PER MONTH , INCLUDING TAXES AND FEES, FOR A 1
MINIMUM BROADBAND SP EED OF 100 MEGABITS PER SECOND DOWNLOAD SPEE D 2
AND 20 MEGABITS PER SECOND UPLOAD SPEED ; OR 3
(II) $20 PER MONTH , INCLUDING TAXES AND FEES, FOR A 4
MINIMUM BROADBAND SPEED OF 200 MEGABITS PER SECOND DOWNLOAD SPEED 5
AND 20 MEGABITS PER SECOND UPLOAD SPEED . 6
(2) THE OFFICE MAY MODIF Y THE DOWNLOAD AND U PLOAD SPEEDS 7
REQUIRED IN PARAGRAPH (1) OF THIS SUBSECTION FOR AREAS OF THE STATE IN 8
WHICH SUCH SPEEDS ARE NOT REASONABLY PRACTICAB LE. 9
(3) (I) A PROVIDER MAY , ONCE EVERY 3 YEARS, INCREASE THE 10
PRICE OF BROADBAND SERVICE PROVIDED UNDER THE PROVIDER’S PROGRAM BY 11
THE LESSER OF: 12
1. THE MOST RECENT CHANG E IN THE CONSUMER 13
PRICE INDEX FOR ALL URBAN CONSUMERS; OR 14
2. NOT MORE THAN 2% PER YEAR. 15
(II) A PROVIDER SHALL PROVI DE AT LEAST 30 DAYS’ NOTICE OF 16
A PRICE INCREASE AUT HORIZED UNDER THIS P ARAGRAPH TO CONSUMERS 17
CURRENTLY ENROLLED I N THE PROVIDER’S PROGRAM AND THE OFFICE BEFORE 18
INCREASING THE PRICE. 19
(C) A PROVIDER MAY NOT REQ UIRE ENROLL MENT IN AN AUTOMATIC 20
PAYMENT PLAN AS A CRITERION FOR ELIGIBILITY IN A PROGRAM. 21
(D) A PROVIDER SHALL ALLOW CUSTOMERS ENROLLED I N THE PROVIDER’S 22
PROGRAM TO PURCHASE STANDALO NE BROADBAND SERVICE , OR BROADBAND 23
SERVICE BUNDLED WITH CABLE TELEVISION OR PHONE SERVICE . 24
(E) ANY CONTRACT OR AGREE MENT FOR BROADBAND SERVICE OFFERED AS 25
PART OF A PROGRAM SHALL INCLUDE THE SAME TERMS AND C ONDITIONS, OTHER 26
THAN PRICE AND BROAD BAND SPEED, AS REGULARLY PRICED PLANS FOR SIMILAR 27
SERVICES OFFERED BY THE PRO VIDER. 28
(F) (1) A PROVIDER SHALL MAKE ALL COMMERCIALLY REASONABLE 29
EFFORTS TO PROMOTE A ND ADVERTISE THE AVA ILABILITY OF BROADBA ND SERVICE 30
FOR LOW –INCOME CONSUMERS AND ENROLLMENT PROCE DURES ON THE 31
PROVIDER’S WEBSITE AND IN ANY W RITTEN OR COMMERCIAL PROMOTION AL OR 32
ADVERTISING MATERIAL S. 33 HOUSE BILL 1553 5
(2) ANY PROMOTION OR ADVE RTISING REQUIRED UND ER 1
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE THE PRO MINENT DISPLAY OF 2
THE PROVIDER ’S PROGRAM. 3
14–5003. 4
THE OFFICE MAY EXEMPT A P ROVIDER FROM THE REQ UIREMENTS OF § 5
14–5002 OF THIS SUBTITLE IF: 6
(1) THE PROVIDER PROVIDES BROADBAND SERVICE TO FEWER THAN 7
20,000 HOUSEHOLDS ; AND 8
(2) THE OFFICE DETERMINES THA T COMPLIANCE WOULD R ESULT IN 9
AN UNREASONABLE OR UNSU STAINABLE FINANCIAL IMPACT ON THE PROVID ER. 10
14–5004. 11
(A) ON OR BEFORE NOVEMBER 15, 2026, AND EACH NOVEMBER 15 12
THEREAFTER , A PROVIDER IN THE STATE SHALL FILE WITH THE OFFICE A 13
COMPLIANCE REPORT INCLUDING: 14
(1) THE AVAILABILITY OF A LOW–INCOME CONSUMER PROG RAM; 15
(2) THE NUMBER OF CONSUME RS ENROLLED IN THE PROGRAM; 16
(3) THE PROCEDURES USED T O VERIFY THE ELIGIBI LITY OF 17
CUSTOMERS APPLYING FOR THE PROGRAM; 18
(4) THE ADVERTISING AND M ARKETING EFFORTS UND ERTAKEN TO 19
ADVERTISE AND PROMOT E THE AVAILABILITY O F THE PROGRAM, INCLUDING 20
SAMPLES OF ADVERTISI NG AND MARKETING MAT ERIALS; 21
(5) ALL BROADBAND SERVICE PL ANS OFFERED BY THE PROVI DER, 22
INCLUDING PRICING AN D BROADBAND SPEEDS ; AND 23
(6) ANY OTHER INFORMATION THE OFFICE CONSIDERS NECE SSARY 24
OR APPROPRIATE . 25
(B) ON OR BEFORE DECEMBER 1, 2028, AND AT LEAST EVERY 5 YEARS 26
THEREAFTER , THE OFFICE SHALL: 27
6 HOUSE BILL 1553
(1) DETERMINE WHETHER THE MINIMUM BROADBAN D DOWNLOAD 1
AND UPLOAD SPEEDS REQUIRED IN § 14–5002(B)(1) OF THIS SUBTITLE SHOULD BE 2
INCREASED TO : 3
(I) THE FEDERAL COMMUNICATIONS COMMISSION’S 4
BENCHMARK FOR HIGH –SPEED FIXED BROADBAN D DOWNLOAD AND UPLOAD 5
SPEEDS; OR 6
(II) COMMONLY AVAILABLE MO BILE BROADBAND DOWNL OAD 7
AND UPLOAD SPEEDS IN THE STATE; AND 8
(2) (I) EVALUATE THE ELIGIBIL ITY REQUIREMENTS FOR A 9
LOW–INCOME CONSUMER ; AND 10
(II) INCLUDE IN THE REPORT REQUIRED UNDER § 6.5–104 OF 11
THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE ANY RECOMMEND ATIONS 12
FOR CHANGES TO THE E LIGIBILITY REQUIREME NTS. 13
14–5005. 14
A VIOLATION OF THIS SU BTITLE IS AN UNFAIR, ABUSIVE, OR DECEPTIVE 15
TRADE PRACTICE WITHI N THE MEANING OF TITLE 13 OF THIS ARTICLE AND IS 16
SUBJECT TO THE ENFOR CEMENT AND PENALTY P ROVISIONS CONTAINED IN TITLE 17
13 OF THIS ARTICLE. 18
Article – Housing and Community Development 19
6.5–101. 20
(a) In this title the following words have the meanings indicated. 21
(b) “Director” means the Director of the Office of Statewide Broadband. 22
(c) “Office” means the Office of Statewide Broadband. 23
6.5–104. 24
(a) The Office shall: 25
(1) develop definitions and standards for broadband Internet that: 26
(i) address current and future requirements and uses by 27
communities, businesses, schools, health care providers, and other stakeholders; 28
HOUSE BILL 1553 7
(ii) reflect the need for a forward–looking, statewide digital 1
communications infrastructure; [and] 2
(iii) ARE CONSISTENT WITH TITLE 14, SUBTITLE 50 OF THE 3
COMMERCIAL LAW ARTICLE; AND 4
(IV) are not at odds with definitions and standards adopted by the 5
Federal Communications Commission; 6
(2) (i) collect promotional and nonpromotional pricing data directly 7
from broadband Internet providers, INCLUDING DATA REQUI RED UNDER § 14–5004(A) 8
OF THE COMMERCIAL LAW ARTICLE; and 9
(ii) assess the actual upload and download speeds experienced by 10
consumers; 11
(4) create a website that houses a publicly accessible map that allows users 12
to overlay GIS heat mapping comments, based on and incorporating data and information 13
from the Federal Communications Commission, that shows, in addition to any information 14
provided by the Federal Communications Commission: 15
(i) which residences do and do not have access to broadband 16
Internet; 17
(ii) broadband Internet service prices and plans available in 18
different areas, INCLUDING REDUCED RA TE BROADBAND PLANS F OR LOW–INCOME 19
CONSUMERS ; and 20
(iii) other available State geographic and demographic data; 21
(5) collect, analyze, and publicly share: 22
(i) geographic and demographic data regarding households that rely 23
on mobile broadband for Internet service, based on the understanding that mobile 24
broadband is not a substitute for in–home fixed Internet services; 25
(ii) data regarding the adoption and affordability of reliable 26
broadband Internet in the State, including the average cost per average speed by county; 27
[and] 28
(iii) data regarding in vestments in expanding Internet 29
infrastructure, adoption, and speed increases; AND 30
(IV) AVAILABLE BROADBAND PRODUCTS INCLUDING R ETAIL 31
RATE PLANS AND LOW–INCOME CONSUMER PLANS; 32
8 HOUSE BILL 1553
(e) (1) On or before December 1, 2021, and each year thereafter, the Office 1
shall report to the Governor and, in accordance with § 2–1257 of the State Government 2
Article, the General Assembly on: 3
(i) the progress of the State’s efforts to: 4
1. develop and implement the plan required under 5
subsection (c) of this section; 6
2. increase access and connection to broadband Internet 7
services throughout the State with specific reporting on improvements to infrastructure, 8
adoption, and speeds; 9
3. improve digital literacy among residents of the State; and 10
4. increase speeds to meet or exceed the Federal 11
Communications Commission standard for upload and download speeds; 12
(ii) the existing gaps in connectivity and the State’s progress toward 13
closing those gaps; 14
(iii) the impact that gaps in Internet service have on the workforce 15
and State and local economies; 16
(iv) information from local education agencies on the impact of 17
Internet service quality on student achievement and access to 21st century opportunities; 18
(v) demographic data on locations with gaps in services; and 19
(vi) the allocation of money from, and programs supported by, the 20
Digital Inclusion Fund, the Digital Connectivity Fund, and the Rural Broadband 21
Assistance Fund in the preceding fiscal year. 22
(2) The report required under paragraph (1) of this subsection shall: 23
(I) MEET THE REQUIREMENTS OF § 14–5004(B)(2)(II) OF THE 24
COMMERCIAL LAW ARTICLE; AND 25
(II) be published on the website established under subsection (a)(4) 26
of this section. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2025. 29