SB3748 102ND GENERAL ASSEMBLY

LRB102 24346 AMQ 33580 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3748

Introduced 1/21/2022, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Broadband Truth in Advertising Act. Includes legislative findings and purpose. Defines terms. Provides that it is unlawful for any broadband service provider to advertise any false, misleading, or deceptive information. Provides standards to protect the consumer interest in broadband service advertisements. Provides that every provider offering broadband service in the State must submit to the Illinois Commerce Commission and the Office of Broadband data describing all available broadband service plans, terms, conditions, rates, fees, advertised downstream data rate, actual average downstream data rate, advertised upstream data rate, actual upstream data rate, available service territory, outages in the year prior, and number of State customers on or before October 15 each year. Provides that the information shall be made accessible to the residents of the State in a format that enables a reasonable consumer to use the information when evaluating options for broadband services. Provides that the Office of Broadband shall study the efficacy of existing broadband service, truth in advertising for broadband service, and broadband affordability, and the Office of Broadband shall issue its report to the General Assembly no later than October 1, 2023. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Broadband Truth in Advertising Act.

Section 5. Legislative findings and purpose. The General Assembly finds as follows:

(1) fair and equitable access to broadband is essential to (i) facilitate modern communication among the residents of the State, (ii) maximize educational and research opportunities and resources, (iii) foster civic engagement, (iv) engage in modern economic activity, (v) access telehealthcare services, (vi) inform the residents of the State of current events, (vii) participate in a global economy, and (viii) participate in farming in the State;

(2) fair and equitable access to broadband is especially critical when public health, climate, and other emergencies render in-person participation in day-to-day activities unsafe;

(3) fair and equitable access to broadband means broadband that is affordable, reliable, and upload and download speeds that enable users to engage in real time; and

(4) truthful, nonmisleading advertising is essential to advance the State's interest in fair and equitable access to broadband.

Section 10. Definitions. As used in this Act:

"Advertise" or "advertisement" means the solicitation, marketing, or promotion by means of hand bills, posters, circulars, motion pictures, radio, newspaper, television, internet, subscription-based entertainment streaming, or other media source. "Advertise" or "advertisement" includes a description of the terms of service.

"Broadband" or "broadband service" means lines, or wireless channels, that terminate at an end-user location and enable the end-user to receive information from or send information to the internet.

"Downstream data rate" means the transmission speed from the service provider source to the end-user.

"Upstream data rate" means the transmission speed from the end-user to the service provider source.

Section 15. Broadband truth in advertising.

(a) It shall be unlawful for any broadband service provider to advertise any false, misleading, or deceptive information.

(b) It shall be unlawful for any broadband service provider to publish or display, or cause or permit to be published or displayed, any advertisement for broadband service unless such advertisement is consistent with the following standards deemed to protect the consumer interest:

(1) Any statement advertising the maximum capable upstream data rate or downstream data rate of a broadband service plan shall also disclose the average actual upstream data rate, the average actual downstream data rate, and frequency of outages.

(2) Any statement advertising the cost of broadband service shall also disclose the cost in terms of price per gigabit, applicable monthly rates, and any additional one-time and recurring fees for service.

(3) Any statement advertising broadband service shall also disclose whether additional costs or periodic fees are necessary to obtain equipment and installation thereof that is necessary for the delivery of broadband service.

(4) All disclosures required by this subsection must be equal type, prominence, and volume as the advertised material.

Section 20. Data collection and publication.

(a) Every provider offering broadband service in the State must submit to the Illinois Commerce Commission and the Office of Broadband data describing all available broadband service plans, terms, conditions, rates, fees, advertised downstream data rate, actual average downstream data rate, advertised upstream data rate, actual upstream data rate, available service territory, outages in the year prior, and number of State customers on or before October 15 each year in the form prescribed by the Illinois Commerce Commission and the Office of Broadband.

(b) The Illinois Commerce Commission and the Office of Broadband shall collaborate to make the information provided pursuant to subsection (a) accessible to the residents of the State in a format that enables a reasonable consumer to use this information when evaluating options for broadband service.

(c) Every provider offering broadband service in the State must submit to the Office of Broadband all advertisements made available in the State during the previous 365 days on or before September 1 each year.

Section 25. Report to the General Assembly.

(a) In furtherance of the purpose of this Act to provide fair and equitable access to broadband service, the Office of Broadband shall study the efficacy of existing broadband service, truth in advertising for broadband service, and broadband affordability.

(b) The Office of Broadband shall issue a report on its findings and recommendations for any necessary legislation to the General Assembly no later than October 1, 2023.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.