PRINTER'S NO. 2870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2195
Session of
2024
INTRODUCED BY POWELL, ABNEY, GREEN, WAXMAN, PROBST, D. WILLIAMS,
McANDREW, CEPEDA-FREYTIZ, KINSEY, MAYES, SCHLOSSBERG, GUENST,
KHAN, GIRAL, DEASY, SANCHEZ, KENYATTA, PARKER, HILL-EVANS,
FLEMING AND DALEY, APRIL 8, 2024
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, APRIL 8, 2024
AN ACT
Establishing the Affordable Broadband Internet Access Service
Program and the Affordable Broadband Internet Access Service
Fund.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Affordable Broadband Internet Access Service Program
Section 301. Establishment and purposes.
Section 302. Requests for money under program.
Section 303. Applications.
Section 304. Review and determination.
Section 305. Disbursement of affordable connectivity benefits.
Section 306. Reimbursement for connected devices.
Section 307. Terms and conditions of contract.
Section 308. Retention of information.
Section 309. Participation in program.
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Section 310. Public awareness campaign.
Section 311. Disenrollment in program.
Section 312. Consumer protection.
Chapter 5. Administration
Section 501. Affordable Broadband Internet Access Service Fund.
Section 502. Effect of receipt of money under program.
Section 503. Reports.
Section 504. Rules and regulations.
Chapter 7. Miscellaneous Provisions
Section 701. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Affordable
Broadband Internet Access Service Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affordable connectivity benefit." A monthly benefit paid to
a participating provider on behalf of an eligible household to
be applied to the monthly cost of the broadband Internet access
service charged to the eligible household.
"Broadband Internet access service." As described in 47 CFR
8.1(b) (relating to transparency).
"Connected device." A laptop computer, desktop computer or
tablet device.
"Department." The Department of Community and Economic
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Development of the Commonwealth.
"Eligible household." A household with one or more children
between 5 and 18 years of age in which any of the following
apply:
(1) At least one member of the household has an income
at or below 200% of the Federal poverty level for a household
of that size.
(2) A consumer within the household who is responsible
for paying for the broadband Internet access service for the
household, or one or more of the dependents of the consumer
within the household, is receiving benefits from Medicaid,
benefits from the Supplemental Nutrition Assistance Program,
benefits from Supplemental Security Income, Federal public
housing assistance or veteran and veteran survivor pension
benefits.
(3) At least one member of the household is approved for
benefits under 42 U.S.C. § 1773 (relating to school breakfast
program).
(4) At least one member of the household is enrolled in
a school or school district that participates under 42 U.S.C.
§ 1759a (relating to special assistance funds).
(5) At least one member of the household has received a
Federal Pell grant under 20 U.S.C. § 1070a (relating to
Federal Pell Grants: amount and determinations; applications)
in the current award year.
(6) At least one member of the household meets
eligibility for a provider's existing low-income program.
(7) At least one member of the household receives
assistance through the special supplemental nutritional
program for women, infants and children established in 42
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U.S.C. § 1786 (relating to special supplemental nutrition
program for women, infants, and children).
"Fund." The Affordable Broadband Internet Access Service
Fund established under section 501(a).
"Income." As defined in section 301(j) of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
"Participating provider." A provider that is designated as
an eligible telecommunications carrier under 47 CFR Pt. 54
Subpt. C (relating to carriers eligible for universal service
support) and elects to participate in the program.
"Program." The Affordable Broadband Internet Access Service
Program established under section 301.
"Provider." A provider of broadband Internet access service.
CHAPTER 3
AFFORDABLE BROADBAND INTERNET ACCESS SERVICE PROGRAM
Section 301. Establishment and purposes.
The Affordable Broadband Internet Access Service Program is
established within the department to provide:
(1) Affordable connectivity benefits.
(2) Reimbursements to participating providers that
supply an eligible household with a connected device.
Section 302. Requests for money under program.
(a) Affordable connectivity benefit.--A consumer within an
eligible household who is responsible for paying for the
broadband Internet access service for the household may request
that the participating provider of the consumer waive the
broadband Internet access service fees charged to the eligible
household and apply for affordable connectivity benefits on
behalf of the consumer, in order to reimburse the participating
provider for the waived fees.
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(b) Reimbursement for connected device.--A participating
provider that supplies an eligible household with a connected
device may request reimbursement from the department in the form
of a one-time amount equal to the market value of the device,
less the amount charged to and paid by the eligible household,
not to exceed $100 for the connected device.
Section 303. Applications.
(a) Development of form.--The department shall develop an
application form for participating providers to apply for
affordable connectivity benefits and reimbursements in
accordance with this act.
(b) Posting of form.--The department shall post the
application form, along with the requirements regarding
affordable connectivity benefits and reimbursements specified in
this act, on the publicly accessible Internet website of the
department.
(c) Contents.--A completed application form shall contain
the following:
(1) The name, address, telephone number and other
contact information of the participating provider applying
for affordable connectivity benefits or reimbursements.
(2) For a request for affordable connectivity benefits:
(i) The amount of affordable connectivity benefits
for each eligible household for which the participating
provider is applying.
(ii) The total amount of affordable connectivity
benefits for which the participating provider is
applying.
(3) For a request for reimbursement of connected
devices:
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(i) The amount of reimbursements for each connected
device for which the participating provider is applying.
(ii) The total amount of reimbursements for which
the participating provider is applying.
(4) The following documentation, which shall be provided
by the participating provider on behalf of the eligible
household or by the eligible household directly:
(i) The name, address, telephone number and other
contact information of each eligible household for which
the participating provider is applying for affordable
connectivity benefits or reimbursement.
(ii) Proof that a household, for which an affordable
connectivity benefit or reimbursement for a connected
device is claimed, is an eligible household.
(iii) For a request for affordable connectivity
benefits, a current broadband Internet access service
billing statement or monthly invoice supplied to the
eligible household by the participating provider, for
each eligible household for which the participating
provider is applying for affordable connectivity
benefits.
(iv) For a request for reimbursement of connected
devices:
(A) The market value of each connected device
that is the subject of reimbursement.
(B) The amount charged to and paid by each
eligible household for the connected device.
(v) Any additional documentation deemed necessary
and requested by the department.
(5) A statement that the information provided by the
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participating provider that submits a completed application
form under this section, including any required accompanying
documentation or update of information, is true and correct,
to the best knowledge and belief of the participating
provider, and that the submittal of any false or misleading
information shall subject the participating provider to
penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) or applicable Federal or State
law.
(d) Update of information.--
(1) The participating provider shall update the
information submitted to the department under this section at
least on an annual basis to ensure the maintenance of
eligibility requirements under the program.
(2) The department may request an update of information
submitted to the department under this section at any time.
(e) Submittal.--The department shall prescribe the form and
manner of submittal of completed application forms.
(f) Penalties for false or misleading information.--A
participating provider that submits information regarding an
application under this section, including any required
accompanying documentation or update of information, shall
affirm that the information is true and correct, to the best
knowledge and belief of the participating provider, and that the
submittal of any false or misleading information shall subject
the participating provider to penalties under 18 Pa.C.S. § 4904
or applicable Federal or State law.
Section 304. Review and determination.
(a) Authorization.--The department shall review each
application submitted under the program and shall determine
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whether to approve the requested affordable connectivity
benefits or reimbursements for connected devices, in whole or in
part, in accordance with this act.
(b) Notice.--The department shall provide each participating
provider that applied for affordable connectivity benefits or
reimbursements for connected devices with the following:
(1) If the application is approved, notice of the
approval, the amount of the affordable connectivity benefits
or reimbursements awarded and any conditions regarding the
award.
(2) If the application is disapproved in whole or in
part, notice of the reasons for the disapproval.
Section 305. Disbursement of affordable connectivity benefits.
(a) Authorization.--
(1) Upon approval of affordable connectivity benefits,
the department shall disburse the affordable connectivity
benefits to the participating provider that applied for the
affordable connectivity benefits, for broadband Internet
access service fees charged to the eligible household.
(2) The department shall make the disbursements under
this subsection on a monthly basis or as otherwise prescribed
by the department.
(b) Amount.--Affordable connectivity benefits shall not
exceed $30 per month for each eligible household.
(c) Actions by participating provider.--
(1) A participating provider that receives affordable
connectivity benefits on behalf of an eligible household may
not charge the eligible household any broadband Internet
access service fees that represent approved affordable
connectivity benefits.
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(2) If an eligible household has paid a broadband
Internet access service fee to a participating provider that
is part of approved affordable connectivity benefits on
behalf of the eligible household, the participating provider
shall, as soon as practicable, reimburse the eligible
household the amount of the broadband Internet access service
fee.
(d) Proof of reimbursement.--Each participating provider
shall provide proof of each reimbursement under subsection (c)
(2) in the form and manner prescribed by the department.
Section 306. Reimbursement for connected devices.
(a) Authorization.--Upon approval of a reimbursement for a
connected device, the department shall reimburse the
participating provider that applied for the reimbursement on
behalf of the eligible household.
(b) Action by participating provider.--A participating
provider that receives a reimbursement for a connected device on
behalf of an eligible household shall, as soon as practicable,
remit that reimbursement amount to the eligible household or
otherwise credit the account of the eligible household, unless
the participating provider has previously done so.
(c) Proof of remittance.--Each participating provider shall
provide proof of each remittance under subsection (b) in the
form and manner prescribed by the department.
Section 307. Terms and conditions of contract.
(a) General rule.--Except as provided in subsection (b), in
the case of the unavailability or disapproval of affordable
connectivity benefits, an eligible household shall be subject to
the same general terms and conditions of a broadband Internet
access service contract of a participating provider as other
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subscribers of the participating provider.
(b) Exception.--Notwithstanding subsection (a), an eligible
household shall not be required to pay an early termination fee
if the eligible household elects to terminate its broadband
Internet access service contract due to the unavailability or
disapproval of affordable connectivity benefits.
Section 308. Retention of information.
(a) Time period.--The department shall retain all
information regarding a submitted application under this act,
including any documentation or update of information, for at
least six years from the date that the affordable connectivity
benefits were disbursed or reimbursement for a connected device
was made.
(b) Audit, inspection or investigation.--The information
described under subsection (a) shall be subject to any
authorized audit, inspection or investigation and shall be made
available to any State or local agency with jurisdiction over
the participating provider.
Section 309. Participation in program.
(a) Equal treatment.--Each participating provider shall
treat equally all eligible households served by the
participating provider in terms of applying for and receiving
money under the program.
(b) Notice.--Each participating provider shall provide
notice of the availability of and eligibility for affordable
connectivity benefits and reimbursement of connected devices
under the program to all households served by the participating
provider. The following apply:
(1) The participating provider shall, at a minimum,
provide notice through a statement:
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(i) on a broadband Internet access service billing
statement or monthly invoice; and
(ii) posted on the publicly accessible Internet
website of the participating provider.
(2) The notice shall be designed, to the greatest extent
possible, to reach those households with individuals with
disabilities or that would likely qualify as eligible
households.
(3) The notice shall be specifically directed, orally or
in writing and in a manner accessible to individuals with
disabilities, to consumers enrolling in or renewing broadband
Internet access service.
(4) The notice shall be provided to customers renewing
their broadband Internet access service at least 30 days
prior to the renewal date.
(5) The notice shall be provided annually for those
customers with fixed-term plans longer than one month who are
not already receiving affordable connectivity benefits or who
have not received a reimbursement for a connected device.
(6) The notice must include:
(i) The requirements for eligibility under the
program.
(ii) A disclaimer noting that the program is
nontransferrable and limited in terms of the amount and
frequency of affordable connectivity benefits and
reimbursement for a connected device.
(iii) Instructions on how to request affordable
connectivity benefits or reimbursement for a connected
device online and by telephone.
(iv) A statement that, upon the termination of the
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program or disapproval of money under the program, an
eligible household shall be subject to the provider's
regular rates, terms and conditions regarding broadband
Internet access service.
Section 310. Public awareness campaign.
(a) Requirement.--In collaboration with the department,
public interest groups and nonprofit organizations, each
participating provider shall deliver an ongoing public awareness
campaign in the areas of service of the participating provider,
which highlights the value and benefits of broadband Internet
access service and the availability of the program.
(b) Documentation.--Each participating provider shall retain
documentation to demonstrate compliance with subsection (a).
Section 311. Disenrollment in program.
(a) Notice.--
(1) If the department has a reasonable basis to believe
that a household that is receiving affordable connectivity
benefits is no longer an eligible household, the department
shall notify the eligible household and the appropriate
participating provider of the impending termination of
affordable connectivity benefits under the program.
(2) The notice under paragraph (1) shall be in writing
and in clear and easily understood language.
(b) Response.--A household that receives the notice under
subsection (a) shall be allowed 30 days following the date of
the notice to provide documentation to the department and
participating provider regarding continued eligibility as an
eligible household.
(c) Authorization.--The department shall disenroll a
household that fails to demonstrate eligibility under subsection
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(b) within five business days after the expiration of the
deadline to respond.
Section 312. Consumer protection.
A consumer who is enrolled in the program shall have the
consumer protections afforded under the Telecommunications Act
of 1996 (Public Law 104-104, 110 Stat. 56) and the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
Practices and Consumer Protection Law.
CHAPTER 5
ADMINISTRATION
Section 501. Affordable Broadband Internet Access Service Fund.
(a) Establishment.--The Affordable Broadband Internet Access
Service Fund is established as a nonlapsing fund in the State
Treasury.
(b) Operation.--
(1) All money transferred or otherwise deposited into
the fund, including any interest and other earnings on the
money in the fund, shall be appropriated to the department on
a continuing basis to provide affordable connectivity
benefits and reimbursement for connected devices in
accordance with this act.
(2) Any money remaining in the fund at the end of each
fiscal year, including any interest and other earnings on the
money in the fund, shall not lapse or otherwise revert to the
General Fund but shall remain in the fund.
(c) Appropriation.--The General Assembly shall appropriate
money to the department for the administration of the fund.
(d) Other sources.--
(1) The department may solicit and accept money from
other sources, including State appropriations, Federal money,
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grants, donations, gifts and other payments from any source.
(2) Money from the other sources shall be deposited into
the fund.
(e) Disbursement.--Money from the fund shall be disbursed on
a first-come, first-served basis determined by the department
and until all money in the fund is exhausted.
(f) Administrative costs.--A portion of money in the fund,
not to exceed 2%, may be retained by the department to cover the
administration costs of the program.
Section 502. Effect of receipt of money under program.
Nothing in this act shall be construed to create an
entitlement or a right to benefits as a result of affordable
connectivity benefits or reimbursement for a connected device
received under the program.
Section 503. Reports.
(a) Issuance.--No later than one year following the
effective date of this subsection, and each year thereafter, the
department shall issue an annual report on the program and the
fund.
(b) Contents.--Each report under this section shall contain
a detailed listing of all deposits and expenditures of the fund
during the previous fiscal year, including:
(1) The number of participating providers.
(2) The number of eligible households receiving benefits
under the program, by participating provider.
(3) The number and amount of affordable connectivity
benefits and reimbursements made under the program, by
participating provider.
(4) The number and amount of affordable connectivity
benefits and reimbursements denied in whole or in part under
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the program and the reasons for the denial, by participating
provider.
(5) The number of affordability connectivity benefits
terminated because of household ineligibility, by
participating provider.
(6) The money remaining in the fund.
(c) Submittal.--The department shall submit each report
under this section to:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Communications and Technology Committee of the Senate.
(3) The chairperson and minority chairperson of the
Consumer Protection, Technology and Utilities Committee of
the House of Representatives.
Section 504. Rules and regulations.
The department shall adopt or promulgate rules or regulations
necessary to implement, administer and enforce this act.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Effective date.
This act shall take effect in 60 days.
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