An Act to Require Broadband Internet Access Service Providers to Prorate Customer Bills
Maine Legislature, Session 131, LD 1932
Committee Amendment CA_A_H734 (House)

COMMITTEE AMENDMENT " ^ » 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 MRSA c. 237 is enacted to read:
CHAPTER 237
BROADBAND INTERNET ACCESS SERVICE
S1500-U. Broadband Internet access service
1. Definitions. As used in this chapter, unless the context otherwise indicates, the
following terms have the followine meanings,
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 data from all or
sybstantiallv all Internet endpoints. includinR any capabilities that are incidental to and
enable the operation of the service, excluding dial-up Internet access service,
B, "Customer" means a current or former subscriber of broadband Internet access
service,
C, "Provider" means a person th_at provides broadband Internet access service.
2. Service cancellation. A m'oyider in the State shallBroyide a customer with a pro
rata credit or rebate for the days of the monthly billing period after the cancellation of
broadband Internet access service if that customer requests cancellation of service 3 or
more working days before the end ofthe monthly billing period, A customer is not eligible
to receive a pro rata credit or rebate under this subsection if the customer fails to return
eauioment of the provider related to_the Brovision of broadband Internet access service,
COMMITTEE AMENDMENT
A-
COMMITTEE AMENDMENT" /^'toH.P. 1240, L,D, 1932
3. Interruption of service. If broadband_ Internet access service to a customer is
interrupted for 6 or more consecutive hours in a single billing period, the provider shall:
A^. Notify the customer of the reason for the interruption in service; and
B. If the interruption in service is not caused by an act beyond the reasonable control
of the provider, provide the customer with a pro rata credit or rebate during the billing
Genod following the interruption, An act beyondthe reasonable control of the provider
includes, but is not limited to:
d) A natural event, including, but not limited to, a fire. explosion. storm, hurricane.
tornado, earthquake or flood;
(2) The actions of a 3rd party not working on behalf of the provider, including, but
not limited to, the operation of a motor vehicle or excavation activities; and
(3) An interruption in service due to customer-owned equipment. customer wiring
or the malfunction of equipment 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 regarding the customer's right to a mo rata credit or rebate
for jnten-uption of service in accordance with subsection 3 or cancellation of service in
accordance with subsection 2, The notice must include a toll-fi-ee telephone number and a
telephone number accessible by a teletypewriter device or TTY for contacting the provider
reeardine the 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 Maine Unfair 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 followmg,
1, It moves the statutory allocation from the Maine Revised Statutes, Title 35-A to
Title 10 and specifies that a violation of the provisions enacted in the amendment
constitutes 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
bill to reference that definition.
3. It provides that a customer is not eligible to receive a pro rata credit or rebate for
service cancellation if the customer fails to return equipment of the provider related to the
6 provision of broadband Internet access service.
4, It requires a provider to notify a customer of the reason for an interruption of
broadband Internet access service if the service is interrupted for 6 or more consecutive
hours in a single monthly billing period. If the interruption in service is not caused by an
act beyond the reasonable control of the provider, the provider must provide the customer
with a pro rata credit or rebate during the billing period following the interruption,
COMMITTEE AMENDMENT