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H.121 1
Introduced by Representative Morrow of Weston 2
Referred to Committee on 3
Date: 4
Subject: Broadband; internet access service; consumer protection; affordability 5
Statement of purpose of bill as introduced: This bill proposes to require 6
internet service providers to offer and provide affordable broadband service to 7
eligible low-income consumers. 8
An act relating to affordable broadband service 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 9 V.S.A. § 2466d is added to read: 11
§ 2466d. AFFORDABLE BROADBAND SERVICE 12
(a) On or before October 1, 2025, an internet service provider engaged in 13
the provision of broadband service shall offer and provide affordable 14
broadband service to eligible low-income consumers. 15
(b) As used in this section: 16
(1) “Affordable broadband service” means: 17
(A) Broadband service capable of a download speed of at least 25 18
Mbps at a monthly price of not more than $15.00, inclusive of any recurring 19 BILL AS INTRODUCED H.121
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taxes and fees such as recurring rental fees for provider equipment required to 1
obtain broadband service and usage fees. 2
(B) Broadband service capable of a download speed of at least 200 3
Mbps at a monthly price of not more than $20.00, inclusive of any recurring 4
taxes and fees such as recurring rental fees for provider equipment required to 5
obtain broadband service and usage fees. 6
(2) “Broadband service” means a mass-market retail service by wire or 7
radio in Vermont that provides the capability to transmit data to and receive 8
data from all or substantially all internet endpoints, including any capabilities 9
that are incidental to and enable the operation of the communications service 10
provided by a wireline or fixed wireless service provider, but shall not include 11
dial-up internet access service. 12
(3) “Internet service provider” or “provider” means a business that 13
provides broadband service to any person in Vermont. 14
(4) “Low-income consumer” means a household that qualifies for 15
participation in: 16
(A) the federal Lifeline program under criteria established by the 17
Federal Communications Commission or other federal law or regulation; or 18
(B) the Home Heating Fuel Assistance Program established under 19
Title 33, chapter 26. 20 BILL AS INTRODUCED H.121
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(c) The Public Utility Commission shall adopt by rule the following 1
provisions: 2
(1) The time and manner in which the prices established in subdivisions 3
(b)(1)(A) and (B) of this section may be adjusted to account for inflationary 4
changes as measured by the Consumer Price Index, but in no event may the 5
monthly price be increased by more than two percent per year. 6
(2) Standards and procedures for waiving, upon a provider’s request, the 7
minimum speed requirement specified in subdivision (b)(1)(A) of this section 8
but only if the Commission determines such download speed is not reasonably 9
practicable under the circumstances and specifies an alternative minimum 10
download speed. 11
(3) Standards and procedures for exempting an internet service provider 12
from the requirements of this section if: 13
(A) the provider provides broadband service to not more than 20,000 14
customers; and 15
(B) the Commission determines compliance with the requirements of 16
this section would have an unreasonable or unsustainable financial impact on 17
the provider. 18
(4) A process for ensuring that any contract or agreement for affordable 19
broadband service entered into pursuant to this section has the same terms and 20 BILL AS INTRODUCED H.121
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conditions, other than price and speed, as the regularly priced offerings for 1
similar broadband service provided by the provider. 2
(d) Beginning on November 15, 2025, and annually thereafter, an internet 3
service provider shall submit to the Department of Public Service a compliance 4
report, which shall include the following information: 5
(1) a description of the affordable broadband service offered pursuant to 6
this section; 7
(2) the number of customers receiving affordable broadband service; 8
(3) a description of the procedures used to verify customer eligibility for 9
affordable broadband service; 10
(4) a description and samples of the advertising or marketing efforts 11
undertaken to advertise or promote affordable broadband service; 12
(5) a description of all retail rate products, including pricing, offered by 13
the provider; 14
(6) a description, including speed and price, of all broadband products 15
offered in Vermont; 16
(7) the number of customers in arrears for broadband service, the 17
percentage of customers in arrears that qualify for affordable broadband 18
service, the number of customers that have had their service terminated for 19
nonpayment, the number of customers whose service was terminated for 20
arrears arising from nonpayment for services other than broadband service, and 21 BILL AS INTRODUCED H.121
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the number of customers that have had their broadband service restored after 1
being delinquent on their payments; and 2
(8) any other information the Commissioner deems necessary and 3
relevant to carrying out the purpose of this section. 4
(e) Beginning on or before October 1, 2027, and not less than every five 5
years thereafter, the Commissioner of Public Service shall undertake a 6
proceeding to: 7
(1) determine if the minimum download speed requirement established 8
under subdivision (b)(1)(A) of this section should be increased to correspond 9
with the Federal Communications Commission’s benchmark for high-speed 10
fixed broadband, or to another minimum download speed deemed appropriate 11
by the Commissioner; and 12
(2) review the consumer eligibility requirements established under 13
subdivision (b)(4) of this section and determine whether those requirements 14
should be updated to meet the needs of consumers. 15
(f) Beginning on or before December 15, 2026, and annually thereafter and 16
notwithstanding the limitation in 2 V.S.A. § 20(d), the Commissioner of Public 17
Service shall submit to the General Assembly a report that includes: 18
(1) a narrative description of the aggregated data obtained from the 19
annual compliance reports submitted pursuant to subsection (d) of this section; 20 BILL AS INTRODUCED H.121
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(2) any recommended increase to the minimum download speed 1
established in subdivision (b)(1)(A) of this section; 2
(3) any recommended update to the consumer eligibility requirements 3
established in subdivision (b)(4) of this section; and 4
(4) any other findings and recommendations the Commissioner deems 5
necessary and appropriate to the implementation of this section. 6
(g) An internet service provider shall make all commercially reasonable 7
efforts to promote and advertise the availability of affordable broadband 8
service, including the prominent display of, and enrollment procedures for, 9
such service on the provider’s website and in any written and commercial 10
promotional materials developed to inform consumers who may be eligible for 11
affordable broadband service pursuant to this section. In addition, the 12
Department of Public Service shall undertake appropriate measures to inform 13
the public about available broadband products, including retail rate products 14
and affordable broadband service offerings. 15
(h) An internet service provider who violates a provision of this section 16
commits an unfair and deceptive act in commerce in violation of section 2453 17
of this title. 18
(i) An internet service provider who willfully and knowingly violates a 19
provision of this section shall be liable for a civil penalty of up to $1,000.00 20
per violation. 21 BILL AS INTRODUCED H.121
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Sec. 2. EFFECTIVE DATE 1
This act shall take effect on passage. 2