Relating to the advertised and delivered speeds of broadband services provided by communication service providers, and providing civil penalties

This bill relates to the advertised and delivered speeds of broadband services provided by communication service providers. The bill requires a communications service provider (provider) to provide each customer with a report at the end of each quarter. “Communications service provider” is defined in the bill. The report shall include the maximum download and upload speeds of broadband services (broadband) advertised by the provider and, for each hour in the quarter, the maximum download and upload speeds of broadband that the provider contracted to provide; the actual maximum download and upload speeds of broadband provided to the customer; and the difference between the maximum download and upload speeds of broadband that the provider contracted to provide to the customer and the maximum download and upload speeds actually provided. “Broadband services” and “customer” are defined in the bill. The bill requires a provider to provide a refund credit on a prorated basis to a customer for each hour in the quarter that the maximum download or upload speed of broadband actually provided to the customer is less than the maximum download or upload speed of broadband the provider contracted to provide. The bill grants the attorney general authority to seek judicial enforcement of the bill. A court may assess a civil penalty against a provider in an amount equal to two times the sum of the refund credits to be provided to a customer. Revenue from the civil penalties shall be remitted to the treasurer for deposit in the general fund, to be appropriated as detailed in the bill. The bill requires a provider to hire an independent contractor to audit the provider’s compliance with the bill and to verify the maximum download and upload speeds of the broadband provided by the provider. The attorney general shall adopt rules to administer the bill.