NY Gen Bus L § 399-ZZZZZ (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 399-ZZZZZ - Broadband Service for Low-Income Consumers.

* §  399-zzzzz. Broadband service for low-income consumers. 1. For the   purposes of this section, the term  "broadband  service"  shall  mean  a   mass-market retail service that provides the capability to transmit data   to  and  receive  data from all or substantially all internet endpoints,   including any  capabilities  that  are  incidental  to  and  enable  the   operation  of  the  communications service provided by a wireline, fixed   wireless or satellite service provider, but shall  not  include  dial-up   service.2.  Every  person, business, corporation, or their agents providing or   seeking to provide  wireline,  fixed  wireless  or  satellite  broadband   service  in  New  York  state  shall, no later than sixty days after the   effective date of this section, offer high speed  broadband  service  to   low-income  consumers  whose  household:  (a)  is  eligible  for free or   reduced-priced lunch through the National School Lunch Program;  or  (b)   is  eligible  for,  or  receiving  the supplemental nutrition assistance   program  benefits;  or  (c)  is  eligible  for,  or  receiving  Medicaid   benefits;  or  (d)  is  eligible for, or enrolled in senior citizen rent   increase exemption; or (e) is eligible for, or  enrolled  in  disability   rent  increase  exemption;  or  (f)  is  a recipient of an affordability   benefit from a utility. Such low-income broadband service shall  provide   a  minimum  download  speed equal to the greater of twenty-five megabits   per second download speed  or  the  download  speed  of  the  provider's   existing  low-income  broadband  service  sold to customers in the state   subject to exceptions adopted by the  Public  Service  Commission  where   such download speed is not reasonably practicable.3.  Broadband  service  for low-income consumers, as set forth in this   section, shall be provided at a cost of no more than fifteen dollars per   month, inclusive of any recurring  taxes  and  fees  such  as  recurring   rental  fees for service provider equipment required to obtain broadband   service  and  usage  fees.  Broadband  service  providers  shall   allow   low-income  broadband  service  subscribers  to  purchase  standalone or   bundled  cable  and/or  phone  services  separately.  Broadband  service   providers  may,  once every five years, and after thirty days' notice to   its customers and the department of public service, increase  the  price   of  this service by the lesser of the most recent change in the consumer   price index or a maximum of two percent per year of the price  for  such   service.4.  A  broadband  service  provider  who offers a high speed broadband   service to eligible low-income  customers,  as  such  term  is  used  in   subdivision  two  of  this  section,  at a download speed of two hundred   megabits per second or greater at a cost of no more than twenty  dollars   per  month,  inclusive of any recurring taxes and fees such as recurring   rental fees for service provider equipment required to obtain  broadband   service and usage fees, shall be considered to be in compliance with the   requirements  of  subdivisions  two  and  three  of  this  section. Such   providers may, once every two years, and after thirty  days'  notice  to   its  customers  and the department of public service, increase the price   of such service by the lesser of the most recent change in the  consumer   price  index  or a maximum of two percent per year of the price for such   service.5. The requirements of subdivisions two  and  three  of  this  section   shall  not  apply to any broadband service provider providing service to   no  more  than  twenty  thousand  households,  if  the  public   service   commission  determines  that  compliance  with  such  requirements would   result  in  unreasonable  or  unsustainable  financial  impact  on   the   broadband service provider.6.  Any  contract  or  agreement  for  broadband  service  targeted to   low-income consumers provided by an entity described in subdivision  two    of  this  section, pursuant to this section or otherwise, shall have the   same terms and conditions, other than price and speed  set  pursuant  to   this  section, as for the regularly priced offerings for similar service   provided by such entity.7.  Every  person, business, corporation, or their agents providing or   seeking to provide broadband service in New York state  shall  make  all   commercially   reasonable   efforts   to   promote   and  advertise  the   availability of broadband service for  low-income  consumers  including,   but  not limited to, the prominent display of, and enrollment procedures   for, such service on its website  and  in  any  written  and  commercial   promotional  materials developed to inform consumers who may be eligible   for service pursuant to this section.8. Every person, business, corporation, or their agents  providing  or   seeking  to  provide  broadband service in New York state shall annually   submit to the department of  public  service,  no  later  than  November   fifteenth after the effective date of this act, and annually thereafter,   a  compliance  report  setting  forth:  (a) a description of the service   offered pursuant to this section; (b) the number of  consumers  enrolled   in  such  service;  (c)  a  description  of the procedures being used to   verify the eligibility  of  customers  receiving  such  service;  (d)  a   description   and  samples  of  the  advertising  or  marketing  efforts   undertaken to advertise or promote such service; (e)  a  description  of   all  retail  rate  products,  including pricing, offered by such person,   business, corporation, or their agents;  (f)  a  description,  including   speed  and  price, of all broadband products offered in the state of New   York; (g) a description of the number of customers in  arrears  for  the   payment  for  broadband service, percentage of customers in arrears that   qualify for low-income broadband service, the number of households  that   have had their service terminated as a result of non-payment, the number   of  customers  whose  service  was  terminated  for arrears arising from   non-payment for services other than broadband service, and the number of   households that  have  their  broadband  service  restored  after  being   delinquent  on  their  payments;  and  such  other  information  as  the   department of public service may require.9. The department of public service shall, within  two  years  of  the   effective date of this section and at least every five years thereafter,   undertake  a  proceeding  to determine if the minimum broadband download   speed in this section should be increased to the federal  communications   commission's  benchmark  broadband download speed, or to another minimum   broadband download speed if the federal  communications  commission  has   not  increased  its  benchmark  by  such  date. The department of public   service shall also: (a) undertake appropriate  measures  to  inform  the   public about available broadband products, including retail rate product   offerings  and  low-income  offerings; and (b) periodically, but no less   than once every five years,  review  eligibility  requirements  for  the   low-income  service  required  pursuant to this section, and update such   requirements as may be necessary to meet the needs of consumers.10.  Whenever  there  shall  be  a  violation  of  this  section,   an   application  may  be  made  by  the  attorney general in the name of the   people  of  the  state  of  New  York  to  a  court  or  justice  having   jurisdiction  by  a  special proceeding to issue an injunction, and upon   notice to the defendant of not  less  than  five  days,  to  enjoin  and   restrain  the  continuance  of such violation; and if it shall appear to   the satisfaction of the court or justice  that  the  defendant  has,  in   fact, violated this section, an injunction may be issued by the court or   justice,  enjoining  and  restraining  any  further  violations, without   requiring proof that any person has, in fact, been  injured  or  damaged   thereby.  In  any  such proceeding, the court may make allowances to the    attorney general as provided in paragraph  six  of  subdivision  (a)  of   section  eighty-three hundred three of the civil practice law and rules,   and direct restitution.  Whenever  the  court  shall  determine  that  a   violation  of  this  section  has occurred, the court may impose a civil   penalty of  not  more  than  one  thousand  dollars  per  violation.  In   connection  with  any such proposed application, the attorney general is   authorized to take proof and make a determination of the relevant  facts   and  to  issue  subpoenas  in accordance with the civil practice law and   rules.* NB There are 3 § 399-zzzzz's