2023 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 2 § 399-zzzzz's