N.Y. GBS Law § 399-ZZZZZ — New York Code / Act GBS / Article 26 / Section 399-ZZZZZ
Broadband service for low-income consumers
Status: in_force

* § 399-zzzzz. Broadband service for low-income consumers. 1. For the\npurposes of this section, the term "broadband service" shall mean a\nmass-market retail service that provides the capability to transmit data\nto and receive data from all or substantially all internet endpoints,\nincluding any capabilities that are incidental to and enable the\noperation of the communications service provided by a wireline, fixed\nwireless or satellite service provider, but shall not include dial-up\nservice.\n  2. Every person, business, corporation, or their agents providing or\nseeking to provide wireline, fixed wireless or satellite broadband\nservice in New York state shall, no later than sixty days after the\neffective date of this section, offer high speed broadband service to\nlow-income consumers whose household: (a) is eligible for free or\nreduced-priced lunch through the National School Lunch Program; or (b)\nis eligible for, or receiving the supplemental nutrition assistance\nprogram benefits; or (c) is eligible for, or receiving Medicaid\nbenefits; or (d) is eligible for, or enrolled in senior citizen rent\nincrease exemption; or (e) is eligible for, or enrolled in disability\nrent increase exemption; or (f) is a recipient of an affordability\nbenefit from a utility. Such low-income broadband service shall provide\na minimum download speed equal to the greater of twenty-five megabits\nper second download speed or the download speed of the provider's\nexisting low-income broadband service sold to customers in the state\nsubject to exceptions adopted by the Public Service Commission where\nsuch download speed is not reasonably practicable.\n  3. Broadband service for low-income consumers, as set forth in this\nsection, shall be provided at a cost of no more than fifteen dollars per\nmonth, inclusive of any recurring taxes and fees such as recurring\nrental fees for service provider equipment required to obtain broadband\nservice and usage fees. Broadband service providers shall allow\nlow-income broadband service subscribers to purchase standalone or\nbundled cable and/or phone services separately. Broadband service\nproviders may, once every five years, and after thirty days' notice to\nits customers and the department of public service, increase the price\nof this service by the lesser of the most recent change in the consumer\nprice index or a maximum of two percent per year of the price for such\nservice.\n  4. A broadband service provider who offers a high speed broadband\nservice to eligible low-income customers, as such term is used in\nsubdivision two of this section, at a download speed of two hundred\nmegabits per second or greater at a cost of no more than twenty dollars\nper month, inclusive of any recurring taxes and fees such as recurring\nrental fees for service provider equipment required to obtain broadband\nservice and usage fees, shall be considered to be in compliance with the\nrequirements of subdivisions two and three of this section. Such\nproviders may, once every two years, and after thirty days' notice to\nits customers and the department of public service, increase the price\nof such service by the lesser of the most recent change in the consumer\nprice index or a maximum of two percent per year of the price for such\nservice.\n  5. The requirements of subdivisions two and three of this section\nshall not apply to any broadband service provider providing service to\nno more than twenty thousand households, if the public service\ncommission determines that compliance with such requirements would\nresult in unreasonable or unsustainable financial impact on the\nbroadband service provider.\n  6. Any contract or agreement for broadband service targeted to\nlow-income consumers provided by an entity described in subdivision two\nof this section, pursuant to this section or otherwise, shall have the\nsame terms and conditions, other than price and speed set pursuant to\nthis section, as for the regularly priced offerings for similar service\nprovided by such entity.\n  7. Every person, business, corporation, or their agents providing or\nseeking to provide broadband service in New York state shall make all\ncommercially reasonable efforts to promote and advertise the\navailability of broadband service for low-income consumers including,\nbut not limited to, the prominent display of, and enrollment procedures\nfor, such service on its website and in any written and commercial\npromotional materials developed to inform consumers who may be eligible\nfor service pursuant to this section.\n  8. Every person, business, corporation, or their agents providing or\nseeking to provide broadband service in New York state shall annually\nsubmit to the department of public service, no later than November\nfifteenth after the effective date of this act, and annually thereafter,\na compliance report setting forth: (a) a description of the service\noffered pursuant to this section; (b) the number of consumers enrolled\nin such service; (c) a description of the procedures being used to\nverify the eligibility of customers receiving such service; (d) a\ndescription and samples of the advertising or marketing efforts\nundertaken to advertise or promote such service; (e) a description of\nall retail rate products, including pricing, offered by such person,\nbusiness, corporation, or their agents; (f) a description, including\nspeed and price, of all broadband products offered in the state of New\nYork; (g) a description of the number of customers in arrears for the\npayment for broadband service, percentage of customers in arrears that\nqualify for low-income broadband service, the number of households that\nhave had their service terminated as a result of non-payment, the number\nof customers whose service was terminated for arrears arising from\nnon-payment for services other than broadband service, and the number of\nhouseholds that have their broadband service restored after being\ndelinquent on their payments; and such other information as the\ndepartment of public service may require.\n  9. The department of public service shall, within two years of the\neffective date of this section and at least every five years thereafter,\nundertake a proceeding to determine if the minimum broadband download\nspeed in this section should be increased to the federal communications\ncommission's benchmark broadband download speed, or to another minimum\nbroadband download speed if the federal communications commission has\nnot increased its benchmark by such date. The department of public\nservice shall also: (a) undertake appropriate measures to inform the\npublic about available broadband products, including retail rate product\nofferings and low-income offerings; and (b) periodically, but no less\nthan once every five years, review eligibility requirements for the\nlow-income service required pursuant to this section, and update such\nrequirements as may be necessary to meet the needs of consumers.\n  10. Whenever there shall be a violation of this section, an\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by the court or\njustice, enjoining and restraining any further violations, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this section has occurred, the court may impose a civil\npenalty of not more than one thousand dollars per violation. In\nconnection with any such proposed application, the attorney general is\nauthorized to take proof and make a determination of the relevant facts\nand to issue subpoenas in accordance with the civil practice law and\nrules.\n  * NB There are 2 § 399-zzzzz's\n