An Act to Require Broadband Internet Access Service Providers to Prorate Customer Bills
Maine Legislature, Session 131, LD 1932
Committee Amendment CA_B_H735 (House)

COMMITTEE AMENDMENT "K> " to H,P. 1240, L,D. 1932, "An Act to Require
Broadband Internet Access Service Providers to Prorate Customer Bills"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 10 MRSAc. 237 is enacted to read:
CHAPTER 237
BROADBAND INTERNET ACCESS SERVICE
81500-U. Broadband Internet access service
1. Definitions. As used in this chapter, unless the context otherwise_mdicates, the
following terms have the following meaBinfiS.
A, "Broadband Internet access service" or "service" means a mass-market retail service
by wire that provides the capability to transmit data to and receive^ datafrom all or
substantiallv_alLlBtemet_en,dpomts, including anv_caBabjlities that are incidental to and
enable the operation of the service, excludine dial-up Internet access service.
B, "Customer" means a current or former subscriber of broadband. Internet access
service.
C. "Provider^_means,a,Rerson that provides broadband Internet access service,
2. Service cancellation. A provider m the State shall provide a customer with_a_pro
rata_(;redit_or_rebate for the days of the monthly billine period after thecancellation of
broadband Internet access service if that customer reauests cancellation of service 3 or
more workine days before the end of the monthly billing period. A customer is not elieible
0 to receive a pro rata credit or rebate under this subsection if the customer fails to return
equipment of the provider related to the provision of broadband Internet access service,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/S "toH.P. 1240, L.D. 1932
3, Interruption of service. Except as otherwise provided in this subsection, if
broadband Internet access service_tQ_a_customer is interrupted for 6 or more consecutive
hours in a single billhe period, the provider shall, upon request by the customer, grant that
customer a pro ratacredit or rebate. To receive a wo rata credit or rebate. a customer must
submit the request to the BrovidernQ laterthan 60 days_after the end of the billing period
in which the interruption occurred.
A customer is not eligible to receive a pro rata credit_orrebate under this subsectionjbr an
mtermption in broadband Internet access service if the interruption was caused by an act
beyond the reasonable control of the provider, includine. but not limited to:
A. A natural event, includine. but not limited to. a fire. explosion. storm, hurricane.
tornado, earthquake or flood;
B. The actions of a 3rd party not working on behalf of the provider. includine. but not
limited to, the operation of a motor vehicle or excavation activities; or
C. An interruption in service due to customer-owned equipment. customer wiring or
the malfunction of equiument not owned by the provider on a utility pole,
4. Notice to customers. A provider shall include on each customer bill for broadband
Internet access service a notice regardine the customer's right to a pro rata credit or rebate
for interruption of service upon request m accordance with subsection 3 or cancellation of
service in accordance with subsection 2. The notice must include a toll-free telephone
numberand_A telephone number accessible by a teletvoewriter device or TTY for
contacting the provider _to reauestjhe pro rata credit or rebate. The notice must be in
nontechnical language, understandable by the general public and printed in a prominent
location on the bill in boldface type,
5. Unfair trade practice violations. A violation of this chapter constitutes a violation
of the MaineJJnfair Trade Practices Act.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and does the following.
1. It moves the statutory allocation from the Mame Revised Statutes, Title 3 5 -A to Title
10 and specifies that a violation of the provisions enacted in the amendment constitites a
violation of the Maine Unfair Trade Practices Act.
2. It defines "broadband Internet access service" to exclude wireless and dial-up
Internet access service and updates the definitions of "customer" and "provider" from the
5 bill to reference that definition,
3. It provides that a customer is not eligible to receive a pro rata credit or rebate for
7 service cancellation if the customer fails to return equipment of the service provider related
to the provision of broadband Internet access service.
4, It requires a customer seeking a pro rata credit or rebate for interruption in service
to submit a request to the provider no later than 60 days after the end of the billing period
in which the mterruption occurred.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^> " to H.P, 1240, L.D.1932
5, It specifies that a customer is not eligible for a pro rata credit or rebate for
IROS ^ interruption in service if the interruption in service was caused by an act beyond the
reasonable control of the provider.
COMMITTEE AMENDMENT