Commercial Law - Broadband Access - Low-Income Consumer Programs (Maryland Broadband Opportunity and Fairness Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0382*

HOUSE BILL 382
C9, I4, P1 6lr0922
CF SB 571
By: Delegates Fair, Allen, Embry, Feldmark, Forbes, Hill, D. Jones, Kaufman,
McCaskill, Pasteur, Patterson, Pruski, Qi, Rosenberg, Ruff, Ruth,
Schindler, Solomon, Stein, Stinnett, White Holland, Wims, Woods, Wu,
Young, and Ziegler
Introduced and read first time: January 21, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026

CHAPTER ______

AN ACT concerning 1

Commercial Law – Broadband Access – Low–Income Consumer Programs 2
(Maryland Broadband Opportunity and Fairness Act) 3

FOR the purpose of requiring certain broadband providers in the State to establish a 4
program to provide certain broadband services to eligible low–income consumers on 5
or before a certain date; authorizing the Office of Statewide Broadband in the 6
Department of Housing and Community Development to exempt certain providers 7
from the requirement to establish a program; requiring certain broadband providers 8
to report certain information to the Office of Statewide Broadband annually; altering 9
the duties of the Office; establishing a Broadband Affordability Advisory Board; and 10
generally relating to broadband access for low–income consumers. 11

BY repealing and reenacting, with amendments, 12
Article – Commercial Law 13
Section 13–301(14)(xlvii) 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16

BY repealing and reenacting, without amendments, 17
Article – Commercial Law 18
Section 13–301(14)(xlviii) 19
Annotated Code of Maryland 20
2 HOUSE BILL 382

(2025 Replacement Volume) 1

BY adding to 2
Article – Commercial Law 3
Section 13–301(14)(xlix); and 14–5101 through 14–5106 and 14–5102 to be under the 4
new subtitle “Subtitle 51. Maryland Broadband Opportunity and Fairness” 5
Annotated Code of Maryland 6
(2025 Replacement Volume) 7

BY repealing and reenacting, without amendments, 8
Article – Housing and Community Development 9
Section 6.5–101 and 6.5–104(a)(1) 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Housing and Community Development 14
Section 6.5–104(a)(1), (2) 6.5–104(a)(2), (4), and (5) and (e) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2025 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Commercial Law 20

13–301. 21

Unfair, abusive, or deceptive trade practices include any: 22

(14) Violation of a provision of: 23

(xlvii) Title 14, Subtitle 50 of this article; [or] 24

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 25

(XLIX) TITLE 14, SUBTITLE 51 OF THIS ARTICLE; OR 26

SUBTITLE 51. MARYLAND BROADBAND OPPORTUNITY AND FAIRNESS. 27

14–5101. 28

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30

HOUSE BILL 382 3

(B) (1) “BROADBAND SERVICE” MEANS A MASS–MARKET RETAIL SERVICE 1
THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM 2
ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES 3
THAT ARE INCIDENTAL TO AND ENABLE THE OP ERATION OF COMMUNICA TIONS 4
SERVICES PROVIDED BY A WIRELINE , FIXED WIRELESS , MOBILE WIRELESS 5
BROADBAND, OR SATELLITE SERVICE PROVIDER. 6

(2) “BROADBAND SERVICE” DOES NOT INCLUDE DIAL–UP SERVICE. 7

(C) “LOW–INCOME CONSUMER” MEANS AN INDIVIDUAL WHOSE HOUSEHOLD 8
OR AT LEAST ONE MEMBER OF THE HOUSEHOLD: 9

(1) MEETS THE ELIGIBILITY CRITERIA FOR: 10

(I) FREE AND REDUCED PRICE MEAL PROGRAMS ESTABLISHED 11
BY THE U.S. DEPARTMENT OF AGRICULTURE; 12

(II) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 13
BENEFITS; OR 14

(III) MEDICAID BENEFITS; 15

(2) IN THE PRIOR TAXABLE YEAR, MET THE ELIGIBILITY CRITERIA 16
FOR: 17

(I) THE MARYLAND EARNED INCOME TAX CREDIT; OR 18

(II) THE CREDIT FOR THE EL DERLY AND THE PERMAN ENTLY 19
AND TOTALLY DISABLED UNDER 26 U.S.C. § 22; 20

(3) RECEIVES A BENEFIT TH ROUGH A LOW –INCOME ENERGY 21
ASSISTANCE PROGRAM; OR 22

(4) HAS AN ANNUAL HOUSEHOLD INCOME AT OR BELOW 350% OF THE 23
FEDERAL POVERTY GUIDELINES. 24

(D) (C) “OFFICE” MEANS THE OFFICE OF STATEWIDE BROADBAND IN 25
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 26

(E) “PROGRAM” MEANS A LOW–INCOME CONSUMER PROGRAM. 27

(F) (D) “PROVIDER” MEANS A PERSON THAT PROVIDES BROADBAND 28
SERVICE TO 10,000 OR MORE CUSTOMERS. 29
4 HOUSE BILL 382

14–5102. 1

(A) ON OR BEFORE DECEMBER 1, 2026, EACH PROVIDER IN THE STATE 2
SHALL ESTABLISH A LOW–INCOME CONSUMER PROGRAM. 3

(B) (1) (I) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS 4
SUBSECTION, A PROGRAM SHALL OFFE R AT LEAST ONE LOW–COST BROADBAND 5
SERVICE OPTION TO ELIGIBLE LOW–INCOME CONSUMERS INCLUDING: 6

1. A MINIMUM BROADBAND SPEED OF: 7

A. 100 MEGABITS PER SECOND DOWNLOAD SPEED AND 8
20 MEGABITS PER SECOND UPLOAD SPEED FOR A HOUSEHOLD OF TWO OR LESS; OR 9

B. 200 MEGABITS PER SECOND DOWNLO AD SPEED AND 10
20 MEGABITS PER SECOND UPLOAD SPEED FOR A HOUSEHOLD OF THREE OR MORE; 11

2. AT LEAST 1.2 TERABYTES OF DATA STORAGE; AND 12

3. A LATENCY THAT IS SUFF ICIENTLY LOW TO ALLO W 13
REASONABLY FORESEEABLE, REAL–TIME, INTERACTIVE APPLICATIONS. 14

(II) NETWORK OUTAGES OF BR OADBAND SERVICES OFF ERED 15
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY NOT EXCEED, ON AVERAGE, 48 16
HOURS WITHIN ANY YEAR. 17

(2) THE OFFICE MAY MODIFY THE DOWNLOAD AND UPLOAD SPEEDS 18
REQUIRED IN PARAGRAPH (1)(I)1 OF THIS SUBSECTION FOR A REAS OF THE STATE 19
IN WHICH SUCH SPEEDS ARE NOT REASONABLY PRACTICABLE. 20

(3) (I) A PROVIDER MAY , ONCE EVERY 3 YEARS, INCREASE THE 21
PRICE OF BROADBAND S ERVICE PROVIDED UNDE R THE PROVIDER ’S PROGRAM BY 22
THE LESSER OF: 23

1. THE MOST RECEN T CHANGE IN THE CONSUMER 24
PRICE INDEX FOR ALL URBAN CONSUMERS; OR 25

2. NOT MORE THAN 2% PER YEAR. 26

(II) A PROVIDER SHALL PROVIDE AT LEAST 30 DAYS’ NOTICE OF 27
A PRICE INCREASE AUT HORIZED UNDER THIS P ARAGRAPH TO CONSUMER S 28
HOUSE BILL 382 5

CURRENTLY ENROLLED I N THE PROVID ER’S PROGRAM AND THE OFFICE BEFORE 1
INCREASING THE PRICE. 2

(C) A PROVIDER MAY NOT REQ UIRE ENROLLMENT IN A N AUTOMATIC 3
PAYMENT PLAN AS A CRITERION FOR ELIGIBILITY IN A PROGRAM. 4

(D) A PROVIDER SHALL ALLOW CUSTOMERS ENROLLED IN THE PROVIDER’S 5
PROGRAM TO PURCHASE STAND –ALONE BROADBAND SERV ICE, OR BROADBAND 6
SERVICE BUNDLED WITH CABLE TELEVISION OR PHONE SERVICE. 7

(E) ANY CONTRACT OR AGREEMENT FOR BROADBAND SERVICE OFFERED AS 8
PART OF A PROGRAM SH ALL INCLUDE THE SAME TERMS AND CONDITIONS, OTHER 9
THAN PRICE AND BROADBAND SPEED, AS REGULARLY PRICED PLANS FOR SIMILAR 10
SERVICES OFFERED BY THE PROVIDER. 11

(F) (1) A PROVIDER SHALL MAKE AVAILABLE TO THE PUB LIC IN A 12
PROMINENT MANNER ON ITS WEBSITE ANYWHERE THAT A LIST OF AVAILABLE PLANS 13
IS POSTED THE AVAILA BILITY OF BROADBAND SERVICE FO R LOW –INCOME 14
CONSUMERS AND ENROLLMENT PROCEDURES. 15

(2) A PROVIDER SHALL MAKE ALL COMMERCIALLY REA SONABLE 16
EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILITY OF BROADBAND SERVICE 17
FOR LOW –INCOME CONSUMERS AND ENROLLMENT PROCEDURE S ON THE 18
PROVIDER’S WEBSITE AND IN ANY WRITTEN OR COMMERCIA L PROMOTIONAL OR 19
ADVERTISING MATERIALS. 20

(3) ANY PROMOTION OR ADVE RTISING REQUIRED UND ER 21
PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE THE PROMINENT DISPLAY OF 22
THE PROVIDER’S PROGRAM. 23

(G) FOR ANY PROGRAM THAT PROVIDES A LOW–COST BROADBAND SERVICE 24
TO A CUSTOMER UNDER THIS SECTION THAT IN VOLVES LAYING FIBER –OPTIC 25
CABLES OR CONDUIT UNDERGROUND OR ALONG A ROADWAY, THE PROVIDER SHALL 26
INCLUDE INTERSPERSED CONDUIT ACCESS POINT S AT REGULAR AND SHO RT 27
INTERVALS. 28

(H) IF A PROVIDER CAN NO LONGER PROVIDE A LOW –COST BROADBAND 29
SERVICE OPTION TO A CUSTOMER UNDER THIS SECTION, THE PROVIDER SHALL SELL 30
THE NETWORK CAPACITY AT A REASONABLE , WHOLESALE RATE ON A 31
NONDISCRIMINATORY BASIS TO OTHER PROVIDERS. 32

14–5103. 33

6 HOUSE BILL 382

THE OFFICE MAY EXEMPT A PR OVIDER FROM THE REQU IREMENTS OF § 1
14–5102 OF THIS SUBTITLE IF: 2

(1) THE PROVIDER PROVIDES BROADBAND SERVICE TO FEWER THAN 3
20,000 HOUSEHOLDS; AND 4

(2) THE OFFICE DETERMINES THAT COMPLIANCE WOULD RESULT IN 5
AN UNREASONABLE OR UNSUSTAINABLE FINANCIAL IMPACT ON THE PROVIDER. 6

14–5104. 14–5102. 7

(A) ON OR BEFORE NOVEMBER 15, 2027, AND EACH NOVEMBER 15 8
THEREAFTER, A PROVIDER IN THE STATE SHALL FILE WITH THE OFFICE A 9
COMPLIANCE REPORT INCLUDING: 10

(1) THE AVAILABILITY OF A LOW–INCOME CONSUMER PROGRAM; 11

(2) THE NUMBER OF CONSUMERS ENROLLED IN THE PROGRAM; 12

(3) THE ELIGIBILITY CRITE RIA FOR CONSUMERS TO QUALIFY FOR 13
THE PROGRAM; 14

(3) (4) THE PROCEDURES USED T O VERIFY THE ELIGIBI LITY OF 15
CUSTOMERS APPLYING FOR THE PROGRAM; 16

(4) (5) THE ADVERTISING AND M ARKETING EFFORTS 17
UNDERTAKEN TO ADVERTISE AND PROMOTE THE AVAILABILITY OF THE PROGRAM, 18
INCLUDING SAMPLES OF ADVERTISING AND MARKETING MATERIALS; 19

(5) (6) ALL BROADBAND SERVICE PLANS OFFERED BY THE 20
PROVIDER, INCLUDING PRICING AND BROADBAND SPEEDS; AND 21

(6) (7) ANY OTHER INFORMATION THE OFFICE CONSIDERS 22
NECESSARY OR APPROPRIATE. 23

(B) ON OR BEFORE DECEMBER 1, 2029, AND AT LEAST EVERY 5 YEARS 2027, 24
AND EACH DECEMBER 1 THEREAFTER, THE OFFICE SHALL: 25

(1) DETERMINE WHETHER THE MINIMUM BROADBAND DOWNLOAD 26
AND UPLOAD SPEEDS AN D DATA STORAGE REQUI RED IN § 14–5102(B)(1) OF THIS 27
SUBTITLE SHOULD BE INCREASED TO: 28

HOUSE BILL 382 7

(I) THE FEDERAL COMMUNICATIONS COMMISSION’S 1
BENCHMARK FOR HIGH –SPEED FIXED BROADBAN D DOWNLOAD AND UPLOA D 2
SPEEDS; OR 3

(II) COMMONLY AVAILABLE MOBIL E BROADBAND DOWNLOAD 4
AND UPLOAD SPEEDS, AND DATA STORAGE LIMITS IN THE STATE; AND 5

(2) (I) EVALUATE THE ELIGIBIL ITY REQUIREMENTS FOR A 6
LOW–INCOME CONSUMER; AND 7

(1) DETERMINE WHETHER THE PROGRAMS REPORTED UN DER 8
SUBSECTION (A) OF THIS SECTION ARE SUFFICIENT TO MEET T HE NEEDS OF 9
LOW–INCOME CONSUMERS IN THE STATE; AND 10

(II) (2) INCLUDE IN THE REPORT REQUIRED UNDER § 6.5–104 11
OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE THE INFORMATION 12
REPORTED UNDER SUBSECTION (A) OF THIS SECTION AND ANY RECOMMENDATIONS 13
FOR CHANGES TO THE E LIGIBILITY REQUIREME NTS. RELATED TO LOW –INCOME 14
CONSUMER PROGRAMS IN THE STATE. 15

14–5105. 16

(A) (1) THERE IS A BROADBAND AFFORDABILITY ADVISORY BOARD. 17

(2) THE PURPOSE OF THE ADVISORY BOARD IS , SUBJECT TO 18
SUBSECTION (D) OF THIS SECTION, TO ESTABLISH A DEFIN ITION FOR A LOW –COST 19
BROADBAND SERVICE OPTION AS REQUIRED BY 47 U.S.C. § 1702. 20

(B) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING MEMBERS: 21

(1) THE DIRECTOR OF THE OFFICE, OR THE DIRECTOR’S DESIGNEE; 22

(2) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 23
PRESIDENT OF THE SENATE; 24

(3) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 25
SPEAKER OF THE HOUSE; 26

(4) ONE REPRESENTATIVE OF THE GOVERNOR’S OFFICE, APPOINTED 27
BY THE GOVERNOR; 28

8 HOUSE BILL 382

(5) ONE ATTORNEY FROM THE OFFICE OF THE ATTORNEY GENERAL 1
WITH EXPERIENCE IN C ONSUMER PROTECTION , APPOINTED BY THE ATTORNEY 2
GENERAL; 3

(6) A REPRESENTATIVE FROM EACH PROVIDER IN THE STATE; AND 4

(7) REPRESENTATIVES FROM ANY STAKEHOLDER GROU PS 5
APPROVED BY THE MEMBERS FROM THE EXECUTIVE AND LEGISLATIVE BRANCHES 6
OF STATE GOVERNMENT. 7

(C) THE ADVISORY BOARD SHALL SUBMIT TH E DEFINITION OF LOW –COST 8
BROADBAND SERVICE OPTION TO THE OFFICE FOR SUBMITTAL TO THE NATIONAL 9
TELECOMMUNICATIONS AN D INFORMATION ADMINISTRATION FOR AP PROVAL 10
UNDER 47 U.S.C. § 1702. 11

(D) THE DEFINITION OF LOW–COST BROADBAND SERVICE OPTION SHALL: 12

(1) MEET THE REQUIREMENTS OF THIS SUBTITLE; 13

(2) MEET ANY REQUIREMENTS SET BY FEDERAL LAW; AND 14

(3) MEET ANY REQUIREMENTS SET BY THE NATIONAL 15
TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. 16

14–5106. 17

A VIOLATION OF THIS SU BTITLE IS AN UNFAIR , ABUSIVE, OR DECEPTIVE 18
TRADE PRACTICE WITHI N THE MEANING OF TITLE 13 OF THIS ARTICLE AND IS 19
SUBJECT TO THE ENFOR CEMENT AND PENALTY P ROVISIONS CONTAINED IN TITLE 20
13 OF THIS ARTICLE. 21

Article – Housing and Community Development 22

6.5–101. 23

(a) In this title the following words have the meanings indicated. 24

(b) “Director” means the Director of the Office of Statewide Broadband. 25

(c) “Office” means the Office of Statewide Broadband. 26

6.5–104. 27

(a) The Office shall: 28
HOUSE BILL 382 9

(1) develop definitions and standards for broadband Internet that: 1

(i) address current and future requirements and uses b y 2
communities, businesses, schools, health care providers, and other stakeholders; 3

(ii) reflect the need for a forward –looking, statewide digital 4
communications infrastructure; [and] 5

(iii) ARE CONSISTENT WITH TITLE 14, SUBTITLE 51 OF THE 6
COMMERCIAL LAW ARTICLE; AND 7

(IV) are not at odds with definitions and standards adopted by the 8
Federal Communications Commission; 9

(2) (i) collect promotional and nonpromotional pricing data directly 10
from broadband Internet providers, INCLUDING DATA REQUIRED UNDER § 14–5104(A) 11
§ 14–5102(A) OF THE COMMERCIAL LAW ARTICLE; and 12

(ii) assess the actual upload and download speeds experienced by 13
consumers; 14

(4) create a website that houses a publicly accessible map that allows users 15
to overlay GIS heat mapping comments, based on and incorporating data and information 16
from the Federal Communications Commission, that shows, in addition to any information 17
provided by the Federal Communications Commission: 18

(i) which residences do and do not have access to broadband 19
Internet; 20

(ii) broadband Internet service prices and plans available in 21
different areas, INCLUDING REDUCED RA TE BROADBAND PLANS F OR LOW–INCOME 22
CONSUMERS; and 23

(iii) other available State geographic and demographic data; 24

(5) collect, analyze, and publicly share: 25

(i) geographic and demographic data regarding households that rely 26
on mobile broadband for Internet service, based on the understanding that mobile 27
broadband is not a substitute for in–home fixed Internet services; 28

(ii) data regarding the adoption and affordability of reliable 29
broadband Internet in the State, including the average cost per average speed by county; 30
[and] 31

10 HOUSE BILL 382

(iii) data regarding investments in expanding Int ernet 1
infrastructure, adoption, and speed increases; AND 2

(IV) AVAILABLE BROADBAND PRODUCTS INCLUDING R ETAIL 3
RATE PLANS AND LOW–INCOME CONSUMER PLANS; 4

(e) (1) On or before December 1, 2021, and each year thereafter, the Office 5
shall report to the Governor and, in accordance with § 2 –1257 of the State Government 6
Article, the General Assembly on: 7

(i) the progress of the State’s efforts to: 8

1. develop and implement the plan required under 9
subsection (c) of this section; 10

2. increase acces s and connection to broadband Internet 11
services throughout the State with specific reporting on improvements to infrastructure, 12
adoption, and speeds; 13

3. improve digital literacy among residents of the State; and 14

4. increase speeds to meet or exce ed the Federal 15
Communications Commission standard for upload and download speeds; 16

(ii) the existing gaps in connectivity and the State’s progress toward 17
closing those gaps; 18

(iii) the impact that gaps in Internet service have on the workforce 19
and State and local economies; 20

(iv) information from local education agencies on the impact of 21
Internet service quality on student achievement and access to 21st century opportunities; 22

(v) demographic data on locations with gaps in services; and 23

(vi) the allocation of money from, and programs supported by, the 24
Digital Inclusion Fund, the Digital Connectivity Fund, and the Rural Broadband 25
Assistance Fund in the preceding fiscal year. 26

(2) The report required under paragraph (1) of this subsection shall: 27

(I) MEET THE REQUIREMENT S OF § 14–5104(B)(2)(II) § 28
14–5102(B)(2) OF THE COMMERCIAL LAW ARTICLE; AND 29

(II) be published on the website established under subsection (a)(4) 30
of this section. 31
HOUSE BILL 382 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.