SB837: Bill Text

LRB-1076/1

MCP:kjf

2019 - 2020 LEGISLATURE

2019 Senate BILL 837

February 20, 2020 - Introduced by Senators Smith, Ringhand, Erpenbach, Hansen, Johnson and Miller, cosponsored by Representatives Vruwink, Milroy, Doyle, Anderson, Billings, Considine, Emerson, Kolste, Ohnstad, Pope, Sargent, Sinicki, Spreitzer, Stubbs and Subeck. Referred to Committee on Utilities and Housing.

SB837,1,3 An Act to amend 100.20 (1v), 100.20 (5) and 100.20 (6); and to create 100.2085 of the statutes; relating to: advertising broadband and other Internet speeds and 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:

SB837,1 Section 1. 100.20 (1v) of the statutes is amended to read:

SB837,2,3 100.20 (1v) It is an unfair method of competition in business or an unfair trade practice for a person or business entity to violate s. 100.2085 (1) or (2) or 100.70 (1).

SB837,2 Section 2 . 100.20 (5) of the statutes is amended to read:

SB837,2,9 100.20 (5) Any person suffering pecuniary loss because of a violation by any other person of s. 100.2085 or 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.

SB837,3 Section 3 . 100.20 (6) of the statutes is amended to read:

SB837,3,2 100.20 (6) The department may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of s. 100.2085 or 100.70 or any order issued under this section. The court may in its discretion, prior to entry of final judgment make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15 to investigate violations of s. 100.2085 or 100.70 or any order issued under this section.

SB837,4 Section 4. 100.2085 of the statutes is created to read:

SB837,3,5 100.2085 Broadband and other Internet services. (1) Broadband and other Internet speeds. No person may do any of the following:

SB837,3,12 (a) Advertise or otherwise represent that the person provides broadband service unless a service provided by the person is capable of consistently providing a minimum download speed of 25 megabits per second and a minimum upload speed of 3 megabits per second or the minimum upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b).

SB837,3,19 (b) Sell or offer to sell a service that the person represents, to a consumer purchasing the service, as being broadband service, unless the service is capable of consistently providing that consumer with a minimum download speed of 25 megabits per second and a minimum upload speed of 3 megabits per second or the minimum upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b).

SB837,3,22 (c) Advertise or otherwise represent that the person provides Internet service at a specific minimum speed unless a service provided by the person is capable of consistently providing that speed.

SB837,3,25 (d) Sell or offer to sell Internet service that the person represents, to a consumer purchasing the service, as being a specific minimum speed, unless the service is capable of consistently providing that consumer with that speed.

SB837,4,7 (2) Broadband labels. No person may sell or offer to sell broadband service in this state unless the person makes broadband labels easily available to potential consumers and provides a broadband label to every consumer before sale of the service to the consumer. A broadband label provided under this subsection shall use the templates for consumer labels for broadband service provided by the federal communications commission. A broadband label provided under this subsection may not contain any misleading or inaccurate information.

SB837,4,13 (3) Contract termination and refund. If a person makes a sale to a consumer in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the violation, and the person fails to remedy the violation within one month after receiving the notice, the consumer may terminate the consumer's contract with the person and receive a refund for all charges and fees that the consumer paid to the person.

SB837,5 Section 5. Effective date.

SB837,4,16 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB837,4,17 (End)