Vermont H 11: An act relating to penalties for violations of alcoholic beverage and tobacco laws and to solicitor’s licenses

Bill Text

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VT LEG #378534 v.1
H.11 1
Introduced by Representative Sibilia of Dover 2
Referred to Committee on 3
Date: 4
Subject: Telecommunications; broadband; commerce; competition; unfair or 5
deceptive acts; VoIP service; consumer protection 6
Statement of purpose of bill as introduced: This bill proposes to establish 7
various consumer protection provisions applicable to broadband service and to 8
Voice over Internet Protocol service. 9
An act relating to consumer protections applicable to broadband and VoIP 10
services 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
* * * Vermont Broadband Consumer Protection and Competition Act * * * 13
Sec. 1. 9 V.S.A. chapter 63, subchapter 10A is added to read: 14
Subchapter 10A. Broadband Consumer Protection and Competition 15
§ 2490. TITLE 16
This subchapter shall be known and may be cited as “the Vermont 17
Broadband Consumer Protection and Competition Act.” 18

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§ 2490a. PURPOSE 1
The purpose of this subchapter is to promote a thriving broadband market in 2
Vermont free of anticompetitive, unfair, deceptive, or misleading practices in 3
order to protect the public and to encourage fair and honest competition. 4
§ 2490b. FINDINGS 5
The General Assembly finds that: 6
(1) Broadband is a critical sector of the overall Vermont economy. 7
(2) Broadband service is essential for supporting economic and 8
educational opportunities; strengthening health and public safety networks; and 9
reinforcing democratic, social, and civic engagement and for allowing 10
Vermonters to benefit from new and innovative internet-based products and 11
services, such as smart home energy-saving technologies. 12
(3) Despite considerable public investments in broadband deployment 13
and service, about 14.95 percent of Vermont locations (47,262 locations) do 14
not have access to high-speed broadband service. Many more do not have 15
access to service from more than one broadband provider. 16
(4) Vermont is a rural state with many geographically remote, sparsely 17
populated locations with no or limited access to public transit systems. 18
(5) Those who live far from a town center or regional commercial hub 19
are particularly disadvantaged by the lack of broadband access. They are 20
burdened with the additional time and expense of traveling great distances to 21

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either access a broadband connection, such as a public Wi-Fi hotspot, or to 1
physically carry out activities they are unable to do from home, such as online 2
banking and telehealth appointments. 3
(6) The critical need for broadband service coupled with the lack of 4
competition, particularly in high-cost areas, creates an imbalance of power 5
between the provider and consumer. 6
(7) The Attorney General, as the chief law enforcement officer in the 7
State, must provide a strong presence in the broadband market and protect and 8
advocate for Vermonters when necessary. 9
(8) All policymakers, law enforcement officers, and regulators must 10
work collaboratively to ensure the market is vibrant, efficient, and competitive 11
and serves as an engine of economic growth and innovation in all four corners 12
of the State. 13
(9) No broadband provider should be permitted to exploit its market 14
position to stifle competition and deprive a consumer of a meaningful choice 15
among broadband providers. 16
(10) Monitoring the broadband market through data collection and 17
analysis will enable State government to identify and respond swiftly and 18
appropriately to market failures or misconduct and promote a healthy 19
economy. 20

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(11) A well-functioning broadband marketplace will foster competition, 1
higher wages, lower prices, better service, more consumer choices, further 2
investment, and increased innovation and entrepreneurship. 3
§ 2490c. DEFINITIONS 4
As used in this subchapter: 5
(1) “Broadband provider” or “provider” means a business that provides 6
broadband service to any person in Vermont. 7
(2) “Broadband service” or “broadband” means a mass-market retail 8
service by wire or radio in Vermont that provides the capability to transmit 9
data to and receive data from all or substantially all internet endpoints, 10
including any capabilities that are incidental to and enable the operation of the 11
communications service, but excluding dial-up service. 12
(3) “Consumer” means a person to whom a broadband provider sells 13
broadband service. 14
§ 2490d. NET NEUTRALITY 15
Because the free and open flow of information underpins the free and open 16
flow of commerce, beginning on October 1, 2025, a broadband provider shall 17
not sell, offer, or advertise for sale broadband service without a valid 18
certificate of net neutrality compliance from the Secretary of Administration 19
pursuant to