Vermont H 121: An act relating to affordable broadband service

Bill Text

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H.121 1
Introduced by Representative Morrow of Weston 2
Referred to Committee on 3
Date: 4
Subject: Broadband; internet access service; consumer protection; affordability 5
Statement of purpose of bill as introduced: This bill proposes to require 6
internet service providers to offer and provide affordable broadband service to 7
eligible low-income consumers. 8
An act relating to affordable broadband service 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 9 V.S.A. § 2466d is added to read: 11
§ 2466d. AFFORDABLE BROADBAND SERVICE 12
(a) On or before October 1, 2025, an internet service provider engaged in 13
the provision of broadband service shall offer and provide affordable 14
broadband service to eligible low-income consumers. 15
(b) As used in this section: 16
(1) “Affordable broadband service” means: 17
(A) Broadband service capable of a download speed of at least 25 18
Mbps at a monthly price of not more than $15.00, inclusive of any recurring 19

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taxes and fees such as recurring rental fees for provider equipment required to 1
obtain broadband service and usage fees. 2
(B) Broadband service capable of a download speed of at least 200 3
Mbps at a monthly price of not more than $20.00, inclusive of any recurring 4
taxes and fees such as recurring rental fees for provider equipment required to 5
obtain broadband service and usage fees. 6
(2) “Broadband service” means a mass-market retail service by wire or 7
radio in Vermont that provides the capability to transmit data to and receive 8
data from all or substantially all internet endpoints, including any capabilities 9
that are incidental to and enable the operation of the communications service 10
provided by a wireline or fixed wireless service provider, but shall not include 11
dial-up internet access service. 12
(3) “Internet service provider” or “provider” means a business that 13
provides broadband service to any person in Vermont. 14
(4) “Low-income consumer” means a household that qualifies for 15
participation in: 16
(A) the federal Lifeline program under criteria established by the 17
Federal Communications Commission or other federal law or regulation; or 18
(B) the Home Heating Fuel Assistance Program established under 19
Title 33, chapter 26. 20

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(c) The Public Utility Commission shall adopt by rule the following 1
provisions: 2
(1) The time and manner in which the prices established in subdivisions 3
(b)(1)(A) and (B) of this section may be adjusted to account for inflationary 4
changes as measured by the Consumer Price Index, but in no event may the 5
monthly price be increased by more than two percent per year. 6
(2) Standards and procedures for waiving, upon a provider’s request, the 7
minimum speed requirement specified in subdivision (b)(1)(A) of this section 8
but only if the Commission determines such download speed is not reasonably 9
practicable under the circumstances and specifies an alternative minimum 10
download speed. 11
(3) Standards and procedures for exempting an internet service provider 12
from the requirements of this section if: 13
(A) the provider provides broadband service to not more than 20,000 14
customers; and 15
(B) the Commission determines compliance with the requirements of 16
this section would have an unreasonable or unsustainable financial impact on 17
the provider. 18
(4) A process for ensuring that any contract or agreement for affordable 19
broadband service entered into pursuant to this section has the same terms and 20

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conditions, other than price and speed, as the regularly priced offerings for 1
similar broadband service provided by the provider. 2
(d) Beginning on November 15, 2025, and annually thereafter, an internet 3
service provider shall submit to the Department of Public Service a compliance 4
report, which shall include the following information: 5
(1) a description of the affordable broadband service offered pursuant to 6
this section; 7
(2) the number of customers receiving affordable broadband service; 8
(3) a description of the procedures used to verify customer eligibility for 9
affordable broadband service; 10
(4) a description and samples of the advertising or marketing efforts 11
undertaken to advertise or promote affordable broadband service; 12
(5) a description of all retail rate products, including pricing, offered by 13
the provider; 14
(6) a description, including speed and price, of all broadband products 15
offered in Vermont; 16
(7) the number of customers in arrears for broadband service, the 17
percentage of customers in arrears that qualify for affordable broadband 18
service, the number of customers that have had their service terminated for 19
nonpayment, the number of customers whose ser