SB1104,18,21 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major systemwide or large area emergency, such as a natural disaster.

SB1104,18,25 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

SB1104,19,4 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

SB1104,19,7 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

SB1104,19,9 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

SB1104,19,11 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

SB1104,19,14 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

SB1104,19,17 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

SB1104,19,20 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

SB1104,19,23 (j) A broadband service provider shall provide broadband service to a subscriber as described in point of sale advertisements and representations made to the subscriber.

SB1104,20,3 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that might cause the originally disclosed speed experience to vary.

SB1104,20,8 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

SB1104,20,12 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

SB1104,20,13 (a) Television and other commercials.

SB1104,20,14 (b) Internet and email advertisements.

SB1104,20,15 (c) Print advertisements and bill inserts.

SB1104,20,17 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

SB1104,20,19 (3) Rules. The department may promulgate rules to implement and administer this section.

SB1104,20,23 (4) Penalty; enforcement. (a) A person that violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

SB1104,20,25 (b) The department or a district attorney may institute civil proceedings under this section.

SB1104,33 Section 33. 100.2093 of the statutes is created to read:

SB1104,21,3 100.2093 Broadband and other Internet services. (1) Broadband and other Internet speeds. No person may do any of the following:

SB1104,21,10 (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).

SB1104,21,17 (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).

SB1104,21,20 (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.

SB1104,21,23 (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.

SB1104,22,5 (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.

SB1104,22,11 (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.

SB1104,34 Section 34 . 121.004 (7) (c) 1. a. of the statutes is amended to read: