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March 10, 2022 - Introduced by Senator Smith, cosponsored by Representative
Vruwink. Referred to Committee on Utilities, Technology and
Telecommunications.
SB1099,1,3 1An Act to amend 100.20 (1v), 100.20 (5) and 100.20 (6); and to create 100.2085
2of the statutes; relating to: advertising broadband and other Internet speeds
3and providing a standardized broadband label.
Analysis by the Legislative Reference Bureau
Under this bill, no person may advertise as providing broadband service or sell
a service that the person represents as being broadband service unless the service
is capable of consistently providing a minimum download speed of 25 megabits per
second (Mbps) and a minimum upload speed of 3 Mbps, or the minimum download
and upload speeds to meet the Federal Communications Commission's designation
as an advanced telecommunications capability, whichever is greater. Also under the
bill, no person may advertise as providing Internet service at a specific speed or sell
Internet service that the person represents as being at a specific speed unless the
service is capable of consistently providing that speed. If a person sells a service
represented as broadband service that does not meet the broadband speed
requirements, or sells Internet service represented as being at a specific speed that
does not provide that speed, the consumer is entitled to terminate the contract and
receive a refund unless the service provider brings the speeds up to the advertised
speeds within one month of receiving notice from the consumer.
The bill also requires any person selling broadband service in this state to
provide a standardized consumer label that shows important consumer information,
on a template provided by the Federal Communications Commission, to each
broadband customer before a sale and to make these labels easily available to
potential customers.

Under the bill, a person who violates the provisions of the bill is subject to
existing penalties under current law, which provide for a fine of up to $200 or
imprisonment for not more than six months or both. The bill also provides that a
violation of the provisions of the bill is an unfair method of competition in business
or an unfair trade practice, and that a person who suffers pecuniary loss because of
a violation may sue for damages and recover twice the amount of pecuniary loss as
well as reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1099,1 1Section 1 . 100.20 (1v) of the statutes is amended to read:
SB1099,2,32 100.20 (1v) It is an unfair method of competition in business or an unfair trade
3practice for a person or business entity to violate s. 100.2085 (1) or (2) or 100.70 (1).
SB1099,2 4Section 2 . 100.20 (5) of the statutes is amended to read:
SB1099,2,95 100.20 (5) Any person suffering pecuniary loss because of a violation by any
6other person of s. 100.2085 or 100.70 or any order issued under this section may sue
7for damages therefor in any court of competent jurisdiction and shall recover twice
8the amount of such pecuniary loss, together with costs, including a reasonable
9attorney fee.
SB1099,3 10Section 3 . 100.20 (6) of the statutes is amended to read:
SB1099,3,211 100.20 (6) The department may commence an action in circuit court in the
12name of the state to restrain by temporary or permanent injunction the violation of
13s. 100.2085 or 100.70 or any order issued under this section. The court may in its
14discretion, prior to entry of final judgment make such orders or judgments as may
15be necessary to restore to any person any pecuniary loss suffered because of the acts
16or practices involved in the action, provided proof thereof is submitted to the
17satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15

1to investigate violations of s. 100.2085 or 100.70 or any order issued under this
2section.
SB1099,4 3Section 4 . 100.2085 of the statutes is created to read:
SB1099,3,5 4100.2085 Broadband and other Internet services. (1) Broadband and
5other Internet speeds.
No person may do any of the following:
SB1099,3,126 (a) Advertise or otherwise represent that the person provides broadband
7service unless a service provided by the person is capable of consistently providing
8a minimum download speed of 25 megabits per second and a minimum upload speed
9of 3 megabits per second or the minimum upload and download speeds for advanced
10telecommunications capability as designated by the federal communications
11commission in its inquiries regarding advanced telecommunications capability
12under 47 USC 1302 (b).
SB1099,3,1913 (b) Sell or offer to sell a service that the person represents, to a consumer
14purchasing the service, as being broadband service, unless the service is capable of
15consistently providing that consumer with a minimum download speed of 25
16megabits per second and a minimum upload speed of 3 megabits per second or the
17minimum upload and download speeds for advanced telecommunications capability
18as designated by the federal communications commission in its inquiries regarding
19advanced telecommunications capability under 47 USC 1302 (b).
SB1099,3,2220 (c) Advertise or otherwise represent that the person provides Internet service
21at a specific minimum speed unless a service provided by the person is capable of
22consistently providing that speed.
SB1099,3,2523 (d) Sell or offer to sell Internet service that the person represents, to a consumer
24purchasing the service, as being a specific minimum speed, unless the service is
25capable of consistently providing that consumer with that speed.
SB1099,4,7
1(2) Broadband labels. No person may sell or offer to sell broadband service in
2this state unless the person makes broadband labels easily available to potential
3consumers and provides a broadband label to every consumer before sale of the
4service to the consumer. A broadband label provided under this subsection shall use
5the templates for consumer labels for broadband service provided by the federal
6communications commission. A broadband label provided under this subsection
7may not contain any misleading or inaccurate information.
SB1099,4,13 8(3) Contract termination and refund. If a person makes a sale to a consumer
9in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the
10violation, and the person fails to remedy the violation within one month after
11receiving the notice, the consumer may terminate the consumer's contract with the
12person and receive a refund for all charges and fees that the consumer paid to the
13person.
SB1099,5 14Section 5 . Effective date.
SB1099,4,1615 (1) This act takes effect on the first day of the 7th month beginning after
16publication.
SB1099,4,1717 (End)
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