102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4282

 

Introduced 1/5/2022, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/13-517
220 ILCS 5/21-201
220 ILCS 5/21-1101
220 ILCS 80/10

    Amends the Public Utilities Act. Provides that every telecommunications carrier with more than 10,000 customers and every Incumbent Local Exchange Carrier (rather than every Incumbent Local Exchange Carrier) shall offer or provide advanced telecommunications services to not less than 90% of its customers by December 31, 2023 (rather than 80% of its customers by January 1, 2005). Removes provisions authorizing the Illinois Commerce Commission to grant a full or partial waiver of specified requirements. Provides that if the holder of a State-issued authorization is using telecommunications facilities to provide cable or video service and has more than 1,000,000 telecommunications access lines in this State, the holder shall provide access to its cable or video service to a number of households equal to at least 90% (rather than 35%) of the households in the holder's telecommunications service area in the State by December 31, 2023 (rather than within 3 years after the date a holder receives a State-issued authorization from the Commission). Provides that the holder of a State-issued authorization shall provide wireline broadband service capable of supporting, in at least one direction, a speed in excess of 1,000 megabits per second (rather than 200 kilobits per second), to the network demarcation point at the subscriber's premises, to a number of households equal to 90% of the households in the holder's telecommunications service area by December 31, 2023 (rather than December 31, 2008). Removes provisions concerning investigations into or complaint alleging that the holder of a State-issued authorization has failed to meet specified requirements. Makes changes to definitions. Amends the Broadband Advisory Council Act to make conforming changes.


LRB102 21398 SPS 30514 b

 

 

A BILL FOR

 

HB4282LRB102 21398 SPS 30514 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 13-517, 21-201, and 21-1101 as follows:
 
6    (220 ILCS 5/13-517)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 13-517. Provision of advanced telecommunications
9services.
10    (a) Every telecommunications carrier with more than 10,000
11customers and every Every Incumbent Local Exchange Carrier
12(telecommunications carrier that offers or provides a
13noncompetitive telecommunications service) shall offer or
14provide advanced telecommunications services to not less than
1590% 80% of its customers by December 31, 2023 January 1, 2005.
16    (b) (Blank). The Commission is authorized to grant a full
17or partial waiver of the requirements of this Section upon
18verified petition of any Incumbent Local Exchange Carrier
19("ILEC") which demonstrates that full compliance with the
20requirements of this Section would be unduly economically
21burdensome or technically infeasible or otherwise impractical
22in exchanges with low population density. Notice of any such
23petition must be given to all potentially affected customers.

 

 

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1If no potentially affected customer requests the opportunity
2for a hearing on the waiver petition, the Commission may, in
3its discretion, allow the waiver request to take effect
4without hearing. The Commission shall grant such petition to
5the extent that, and for such duration as, the Commission
6determines that such waiver:
7        (1) is necessary:
8            (A) to avoid a significant adverse economic impact
9        on users of telecommunications services generally;
10            (B) to avoid imposing a requirement that is unduly
11        economically burdensome;
12            (C) to avoid imposing a requirement that is
13        technically infeasible; or
14            (D) to avoid imposing a requirement that is
15        otherwise impractical to implement in exchanges with
16        low population density; and
17        (2) is consistent with the public interest,
18    convenience, and necessity.
19The Commission shall act upon any petition filed under this
20subsection within 180 days after receiving such petition. The
21Commission may by rule establish standards for granting any
22waiver of the requirements of this Section. The Commission
23may, upon complaint or on its own motion, hold a hearing to
24reconsider its grant of a waiver in whole or in part. In the
25event that the Commission, following hearing, determines that
26the affected ILEC no longer meets the requirements of item (2)

 

 

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1of this subsection, the Commission shall by order rescind such
2waiver, in whole or in part. In the event and to the degree the
3Commission rescinds such waiver, the Commission shall
4establish an implementation schedule for compliance with the
5requirements of this Section.
6    (c) As used in this Section, "advanced telecommunications
7services" means services capable of supporting, in at least
8one direction, a speed in excess of 1,000 megabits 200
9kilobits per second (mbps) (kbps) to the network demarcation
10point at the subscriber's premises.
11(Source: P.A. 100-20, eff. 7-1-17.)
 
12    (220 ILCS 5/21-201)
13    (Section scheduled to be repealed on December 31, 2026)
14    Sec. 21-201. Definitions. As used in this Article:
15    (a) "Access" means that the cable or video provider is
16capable of providing cable services or video services at the
17household address using any technology, other than
18direct-to-home satellite service, that provides 2-way
19broadband Internet capability and video programming, content,
20and functionality, regardless of whether any customer has
21ordered service or whether the owner or landlord or other
22responsible person has granted access to the household. If
23more than one technology is used, the technologies shall
24provide similar 2-way broadband Internet accessibility and
25similar video programming.

 

 

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1    (b) "Basic cable or video service" means any cable or
2video service offering or tier that includes the
3retransmission of local television broadcast signals.
4    (c) "Broadband service" means a high speed service
5connection to the public Internet capable of supporting, in at
6least one direction, a speed in excess of 1,000 megabits 200
7kilobits per second (mbps) (kbps) to the network demarcation
8point at the subscriber's premises.
9    (d) "Cable operator" means that term as defined in item
10(5) of 47 U.S.C. 522.
11    (e) "Cable service" means that term as defined in item (6)
12of 47 U.S.C. 522.
13    (f) "Cable system" means that term as defined in item (7)
14of 47 U.S.C. 522.
15    (g) "Commission" means the Illinois Commerce Commission.
16    (h) "Competitive cable service or video service provider"
17means a person or entity that is providing or seeks to provide
18cable service or video service in an area where there is at
19least one incumbent cable operator.
20    (i) "Designated market area" means a designated market
21area, as determined by Nielsen Media Research and published in
22the 1999-2000 Nielsen Station Index Directory and Nielsen
23Station Index United States Television Household Estimates or
24any successor publication. For any designated market area that
25crosses State lines, only households in the portion of the
26designated market area that is located within the holder's

 

 

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1telecommunications service area in the State where access to
2video service will be offered shall be considered.
3    (j) "Footprint" means the geographic area designated by
4the cable service or video service provider as the geographic
5area in which it will offer cable services or video services
6during the period of its State-issued authorization. Each
7footprint shall be identified in terms of either (i)
8exchanges, as that term is defined in Section 13-206 of this
9Act; (ii) a collection of United States Census Bureau Block
10numbers (13 digit); (iii) if the area is smaller than the areas
11identified in either (i) or (ii), by geographic information
12system digital boundaries meeting or exceeding national map
13accuracy standards; or (iv) local units of government.
14    (k) "Holder" means a person or entity that has received
15authorization to offer or provide cable or video service from
16the Commission pursuant to Section 21-401 of this Article.
17    (l) "Household" means a house, an apartment, a mobile
18home, a group of rooms, or a single room that is intended for
19occupancy as separate living quarters. Separate living
20quarters are those in which the occupants live and eat
21separately from any other persons in the building and that
22have direct access from the outside of the building or through
23a common hall. This definition is consistent with the United
24States Census Bureau, as that definition may be amended
25thereafter.
26    (m) "Incumbent cable operator" means a person or entity

 

 

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1that provided cable services or video services in a particular
2area under a franchise agreement with a local unit of
3government pursuant to Section 11-42-11 of the Illinois
4Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the
5Counties Code (55 ILCS 5/5-1095) on January 1, 2007.
6    (n) "Local franchising authority" means the local unit of
7government that has or requires a franchise with a cable
8operator, a provider of cable services, or a provider of video
9services to construct or operate a cable or video system or to
10offer cable services or video services under Section 11-42-11
11of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section
125-1095 of the Counties Code (55 ILCS 5/5-1095).
13    (o) "Local unit of government" means a city, village,
14incorporated town, or county.
15    (p) "Low-income household" means those residential
16households located within the holder's existing telephone
17service area where the average annual household income is less
18than $35,000, based on the United States Census Bureau
19estimates adjusted annually to reflect rates of change and
20distribution.
21    (q) "Public rights-of-way" means the areas on, below, or
22above a public roadway, highway, street, public sidewalk,
23alley, waterway, or utility easements dedicated for compatible
24uses.
25    (r) "Service" means the provision of cable service or
26video service to subscribers and the interaction of

 

 

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1subscribers with the person or entity that has received
2authorization to offer or provide cable or video service from
3the Commission pursuant to Section 21-401 of this Act.
4    (s) "Service provider fee" means the amount paid under
5Section 21-801 of this Act by the holder to a municipality, or
6in the case of an unincorporated service area to a county, for
7service areas within its territorial jurisdiction, but under
8no circumstances shall the service provider fee be paid to
9more than one local unit of government for the same portion of
10the holder's service area.
11    (t) "Telecommunications service area" means the area
12designated by the Commission as the area in which a
13telecommunications company was obligated to provide
14non-competitive local telephone service as of February 8, 1996
15as incorporated into Section 13-202.5 of this Act.
16    (u) "Video programming" means that term as defined in item
17(20) of 47 U.S.C. 522.
18    (v) "Video service" means video programming and subscriber
19interaction, if any, that is required for the selection or use
20of such video programming services, and that is provided
21through wireline facilities located at least in part in the
22public rights-of-way without regard to delivery technology,
23including Internet protocol technology. This definition does
24not include any video programming provided by a commercial
25mobile service provider defined in subsection (d) of 47 U.S.C.
26332 or any video programming provided solely as part of, and

 

 

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1via, service that enables users to access content,
2information, electronic mail, or other services offered over
3the public Internet.
4(Source: P.A. 100-20, eff. 7-1-17.)
 
5    (220 ILCS 5/21-1101)
6    (Section scheduled to be repealed on December 31, 2026)
7    Sec. 21-1101. Requirements to provide video services.
8    (a) The holder of a State-issued authorization shall not
9deny access to cable service or video service to any potential
10residential subscribers because of the race or income of the
11residents in the local area in which the potential subscribers
12reside.
13    (b) (Blank).
14    (c)(1) If the holder of a State-issued authorization is
15using telecommunications facilities to provide cable or video
16service and has more than 1,000,000 telecommunications access
17lines in this State, the holder shall provide access to its
18cable or video service to a number of households equal to at
19least 90% 35% of the households in the holder's
20telecommunications service area in the State by December 31,
212023 within 3 years after the date a holder receives a
22State-issued authorization from the Commission and to a number
23not less than 50% of these households within 5 years after the
24date a holder receives a State-issued authorization from the
25Commission; provided that the holder of a State-issued

 

 

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1authorization is not required to meet the 50% requirement in
2this paragraph (1) until 2 years after at least 15% of the
3households with access to the holder's video service subscribe
4to the service for 6 consecutive months.
5    The holder's obligation to provide such access in the
6State shall be distributed, as the holder determines, within 3
7designated market areas, one in each of the northeastern,
8central, and southwestern portions of the holder's
9telecommunications service area in the State. The designated
10market area for the northeastern portion shall consist of 2
11separate and distinct reporting areas: (i) a city with more
12than 1,000,000 inhabitants, and (ii) all other local units of
13government on a combined basis within such designated market
14area in which it offers video service.
15    If any state, in which a holder subject to this subsection
16(c) or one of its affiliates provides or seeks to provide cable
17or video service, adopts a law permitting state-issued
18authorization or statewide franchises to provide cable or
19video service that requires a cable or video provider to offer
20service to more than 35% of the households in the cable or
21video provider's service area in that state within 3 years,
22holders subject to this subsection (c) shall provide service
23in this State to the same percentage of households within 3
24years of adoption of such law in that state.
25    Furthermore, if any state, in which a holder subject to
26this subsection (c) or one of its affiliates provides or seeks

 

 

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1to provide cable or video service, adopts a law requiring a
2holder of a state-issued authorization or statewide franchises
3to offer cable or video service to more than 35% of its
4households if less than 15% of the households with access to
5the holder's video service subscribe to the service for 6
6consecutive months, then as a precondition to further
7build-out, holders subject to this subsection (c) shall be
8subject to the same percentage of service subscription in
9meeting its obligation to provide service to 50% of the
10households in this State.
11    (2) Within 3 years after the date a holder receives a
12State-issued authorization from the Commission, at least 30%
13of the total households with access to the holder's cable or
14video service shall be low-income.
15    Within each designated market area listed in paragraph (1)
16of this subsection (c), the holder's obligation to offer
17service to low-income households shall be measured by each
18exchange, as that term is defined in Section 13-206 of this Act
19in which the holder chooses to provide cable or video service.
20The holder is under no obligation to serve or provide access to
21an entire exchange; however, in addition to the statewide
22obligation to provide low-income access provided by this
23Section, in each exchange in which the holder chooses to
24provide cable or video service, the holder shall provide
25access to a percentage of low-income households that is at
26least equal to the percentage of the total low-income

 

 

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1households within that exchange.
2    (d)(1) All other holders shall only provide access to one
3or more exchanges, as that term is defined in Section 13-206 of
4this Act, or to local units of government and shall provide
5access to their cable or video service to a number of
6households equal to 35% of the households in the exchange or
7local unit of government within 3 years after the date a holder
8receives a State-issued authorization from the Commission and
9to a number not less than 50% of these households within 5
10years after the date a holder receives a State-issued
11authorization from the Commission, provided that if the holder
12is an incumbent cable operator or any successor-in-interest
13company, it shall be obligated to provide access to cable or
14video services within the jurisdiction of a local unit of
15government at the same levels required by the local
16franchising authorities for that local unit of government on
17June 30, 2007 (the effective date of Public Act 95-9).
18    (2) Within 3 years after the date a holder receives a
19State-issued authorization from the Commission, at least 30%
20of the total households with access to the holder's cable or
21video service shall be low-income.
22    Within each designated exchange, as that term is defined
23in Section 13-206 of this Act, or local unit of government
24listed in paragraph (1) of this subsection (d), the holder's
25obligation to offer service to low-income households shall be
26measured by each exchange or local unit of government in which

 

 

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1the holder chooses to provide cable or video service. Except
2as provided in paragraph (1) of this subsection (d), the
3holder is under no obligation to serve or provide access to an
4entire exchange or local unit of government; however, in
5addition to the statewide obligation to provide low-income
6access provided by this Section, in each exchange or local
7unit of government in which the holder chooses to provide
8cable or video service, the holder shall provide access to a
9percentage of low-income households that is at least equal to
10the percentage of the total low-income households within that
11exchange or local unit of government.
12    (e) A holder subject to subsection (c) of this Section
13shall provide wireline broadband service, defined as wireline
14service, capable of supporting, in at least one direction, a
15speed in excess of 1,000 megabits 200 kilobits per second
16(mbps) (kbps), to the network demarcation point at the
17subscriber's premises, to a number of households equal to 90%
18of the households in the holder's telecommunications service
19area by December 31, 2023 2008, or shall pay within 30 days of
20December 31, 2008 a sum of $15,000,000 to the Digital Divide
21Elimination Infrastructure Fund established pursuant to
22Section 13-301.3 of this Act, or any successor fund
23established by the General Assembly. In that event the holder
24is required to make a payment pursuant to this subsection (e),
25the holder shall have no further accounting for this payment,
26which shall be used in any part of the State for the purposes

 

 

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1established in the Digital Divide Elimination Infrastructure
2Fund or for broadband deployment.
3    (f) The holder of a State-issued authorization may satisfy
4the requirements of subsections (c) and (d) of this Section
5through the use of any technology, which shall not include
6direct-to-home satellite service, that offers service,
7functionality, and content that is demonstrably similar to
8that provided through the holder's video service system.
9    (g) (Blank). In any investigation into or complaint
10alleging that the holder of a State-issued authorization has
11failed to meet the requirements of this Section, the following
12factors may be considered in justification or mitigation or as
13justification for an extension of time to meet the
14requirements of subsections (c) and (d) of this Section:
15        (1) The inability to obtain access to public and
16    private rights-of-way under reasonable terms and
17    conditions.
18        (2) Barriers to competition arising from existing
19    exclusive service arrangements in developments or
20    buildings.
21        (3) The inability to access developments or buildings
22    using reasonable technical solutions under commercially
23    reasonable terms and conditions.
24        (4) Natural disasters.
25        (5) Other factors beyond the control of the holder.
26    (h) (Blank). If the holder relies on the factors

 

 

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1identified in subsection (g) of this Section in response to an
2investigation or complaint, the holder shall demonstrate the
3following:
4        (1) what substantial effort the holder of a
5    State-issued authorization has taken to meet the
6    requirements of subsection (a) or (c) of this Section;
7        (2) which portions of subsection (g) of this Section
8    apply; and
9        (3) the number of days it has been delayed or the
10    requirements it cannot perform as a consequence of
11    subsection (g) of this Section.
12    (i) (Blank). The factors in subsection (g) of this Section
13may be considered by the Attorney General or by a court of
14competent jurisdiction in determining whether the holder is in
15violation of this Article.
16    (j) Every holder of a State-issued authorization, no later
17than April 1, 2009, and annually no later than April 1
18thereafter, shall report to the Commission for each of the
19service areas as described in subsections (c) and (d) of this
20Section in which it provides access to its video service in the
21State, the following information:
22        (1) Cable service and video service information:
23            (A) The number of households in the holder's
24        telecommunications service area within each designated
25        market area as described in subsection (c) of this
26        Section or exchange or local unit of government as

 

 

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1        described in subsection (d) of this Section in which
2        it offers video service.
3            (B) The number of households in the holder's
4        telecommunications service area within each designated
5        market area as described in subsection (c) of this
6        Section or exchange or local unit of government as
7        described in subsection (d) of this Section that are
8        offered access to video service by the holder.
9            (C) The number of households in the holder's
10        telecommunications service area in the State.
11            (D) The number of households in the holder's
12        telecommunications service area in the State that are
13        offered access to video service by the holder.
14        (2) Low-income household information:
15            (A) The number of low-income households in the
16        holder's telecommunications service area within each
17        designated market area as described in subsection (c)
18        of this Section, as further identified in terms of
19        exchanges, or exchange or local unit of government as
20        described in subsection (d) of this Section in which
21        it offers video service.
22            (B) The number of low-income households in the
23        holder's telecommunications service area within each
24        designated market area as described in subsection (c)
25        of this Section, as further identified in terms of
26        exchanges, or exchange or local unit of government as

 

 

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1        described in subsection (d) of this Section in the
2        State that are offered access to video service by the
3        holder.
4            (C) The number of low-income households in the
5        holder's telecommunications service area in the State.
6            (D) The number of low-income households in the
7        holder's telecommunications service area in the State
8        that are offered access to video service by the
9        holder.
10    (j-5) The requirements of subsection (c) of this Section
11shall be satisfied upon the filing of an annual report with the
12Commission in compliance with subsection (j) of this Section,
13including an annual report filed prior to this amendatory Act
14of the 98th General Assembly, that demonstrates the holder of
15the authorization has satisfied the requirements of subsection
16(c) of this Section for each of the service areas in which it
17provides access to its cable service or video service in the
18State. Notwithstanding the continued application of this
19Article to the holder, upon satisfaction of the requirements
20of subsection (c) of this Section, only the requirements of
21subsection (a) of this Section 21-1101 of this Act and the
22following reporting requirements shall continue to apply to
23such holder:
24        (1) Cable service and video service information:
25            (A) The number of households in the holder's
26        telecommunications service area within each designated

 

 

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1        market area in which it offers cable service or video
2        service.
3            (B) The number of households in the holder's
4        telecommunications service area within each designated
5        market area that are offered access to cable service
6        or video service by the holder.
7            (C) The number of households in the holder's
8        telecommunications service area in the State.
9            (D) The number of households in the holder's
10        telecommunications service area in the State that are
11        offered access to cable service or video service by
12        the holder.
13            (E) The exchanges or local units of government in
14        which the holder added cable service or video service
15        in the prior year.
16        (2) Low-income household information:
17            (A) The number of low-income households in the
18        holder's telecommunications service area within each
19        designated market area in which it offers video
20        service.
21            (B) The number of low-income households in the
22        holder's telecommunications service area within each
23        designated market area that are offered access to
24        video service by the holder.
25            (C) The number of low-income households in the
26        holder's telecommunications service area in the State.

 

 

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1            (D) The number of low-income households in the
2        holder's telecommunications service area in the State
3        that are offered access to video service by the
4        holder.
5    (j-10) The requirements of subsection (d) of this Section
6shall be satisfied upon the filing of an annual report with the
7Commission in compliance with subsection (j) of this Section,
8including an annual report filed prior to this amendatory Act
9of the 98th General Assembly, that demonstrates the holder of
10the authorization has satisfied the requirements of subsection
11(d) of this Section for each of the service areas in which it
12provides access to its cable service or video service in the
13State. Notwithstanding the continued application of this
14Article to the holder, upon satisfaction of the requirements
15of subsection (d) of this Section, only the requirements of
16subsection (a) of this Section and the following reporting
17requirements shall continue to apply to such holder:
18        (1) Cable service and video service information:
19            (A) The number of households in the holder's
20        footprint in which it offers cable service or video
21        service.
22            (B) The number of households in the holder's
23        footprint that are offered access to cable service or
24        video service by the holder.
25            (C) The exchanges or local units of government in
26        which the holder added cable service or video service

 

 

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1        in the prior year.
2        (2) Low-income household information:
3            (A) The number of low-income households in the
4        holder's footprint in which it offers cable service or
5        video service.
6            (B) The number of low-income households in the
7        holder's footprint that are offered access to cable
8        service or video service by the holder.
9    (k) The Commission, within 30 days of receiving the first
10report from holders under this Section, and annually no later
11than July 1 thereafter, shall submit to the General Assembly a
12report that includes, based on year-end data, the information
13submitted by holders pursuant to subdivisions (1) and (2) of
14subsections (j), (j-5), and (j-10) of this Section. The
15Commission shall make this report available to any member of
16the public or any local unit of government upon request. All
17information submitted to the Commission and designated by
18holders as confidential and proprietary shall be subject to
19the disclosure provisions in subsection (c) of Section 21-401
20of this Act. No individually identifiable customer information
21shall be subject to public disclosure.
22(Source: P.A. 100-20, eff. 7-1-17.)
 
23    Section 10. The Broadband Advisory Council Act is amended
24by changing Section 10 as follows:
 

 

 

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1    (220 ILCS 80/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Broadband" or "broadband service" means lines (or
4wireless channels) that terminate at an end-user location and
5enable the end-user to receive information from the Internet
6at least 1,000 megabits per second (mbps) or send information
7to the Internet.
8    "Council" means the Broadband Advisory Council.
9    "Downstream data rate" means the transmission speed from
10the service provider source to the end-user.
11    "Internet protocol address" or "IP address" means a unique
12string of numbers separated by periods that identifies each
13computer using the Internet protocol to communicate over a
14network.
15    "Low-income household" means a residential household with
16annual household income at or below 135% of the poverty
17guidelines updated periodically in the Federal Register by the
18U.S. Department of Health and Human Services under the
19authority of 42 U.S.C. 9902(2).
20    "Upstream data rate" means the transmission speed from the
21end-user to the service provider source.
22    "Unserved area" means a community that has no access to
23broadband service.
24(Source: P.A. 100-833, eff. 1-1-19.)