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*hb1037*
HOUSE BILL 1037
C5, S1 6lr1904
CF SB 605
By: Delegates Foley, Acevero, Ebersole, Fair, Fennell, Kerr, Lehman, Martinez,
Palakovich Carr, Patterson, Ruth, Spiegel, Stewart, Turner, Vogel, and
Wims
Introduced and read first time: February 9, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Public Service Commission – Broadband and Voice Over Internet Protocol 2
Service – Oversight Study 3
(Broadband Accountability and Affordability Act) 4
FOR the purpose of authorizing requiring the Public Service Commission to exercise certain 5
oversight of broadband service and voice over Internet protocol service; requiring the 6
Commission to assess the adequacy of certain plans for each Internet service 7
provider; authorizing the Commission to c onduct certain evaluations or audits and 8
require certain remedial action under certain circumstances; repealing provisions of 9
law prohibiting the Commission from regulating voice over Internet protocol service; 10
conduct a study and make recommendations on t he potential scope, structure, and 11
implementation of Commission oversight of broadband service and voice over 12
Internet protocol service; and generally relating to broadband service and voice over 13
Internet protocol service. 14
BY adding to 15
Article – Public Utilities 16
Section 5–107 17
Annotated Code of Maryland 18
(2025 Replacement Volume and 2025 Supplement) 19
BY repealing 20
Article – Public Utilities 21
2 HOUSE BILL 1037
Section 8–601 and 8 –602 and the subtitle “Subtitle 6. Voice over Internet Protocol 1
Service” 2
Annotated Code of Maryland 3
(2025 Replacement Volume and 2025 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) (i) “Broadband service” means a mass –market retail service that 8
provides the capability to transmit data to and receive data from all or substantially all 9
Internet endpoints, including any capabilities that are incidental to and enable the 10
operation of communications services provided by an Internet service provider. 11
(ii) “Broadband service” does not include dial–up Internet service. 12
(3) “Internet service provider” means an entity that provides broadband 13
service to a customer in the State through any of the following modes: 14
(i) wireline; 15
(ii) fixed wireless; 16
(iii) mobile wireless; or 17
(iv) satellite. 18
(4) (i) “Voice over Internet protocol service” or “VoIP service” means 19
any service that: 20
1. enables real –time two –way voice comm unications that 21
originate from or terminate to the subscriber end user’s location requiring Internet protocol 22
or any successor protocol to Internet protocol; and 23
2. requires a broadband connection from the user’s location. 24
(ii) “Voice over Internet protocol service” or “VoIP service” includes 25
any service that allows users generally to receive calls that originate on the public switched 26
telephone network and to terminate calls to the public switched telephone network. 27
(b) The Public Service Com mission shall conduct a study and make 28
recommendations regarding the potential scope, structure, and implementation of 29
Commission oversight of broadband service and VoIP service in the State, including 30
considering: 31
HOUSE BILL 1037 3
(1) the extent to which federal jurisdiction preempts State regulation of 1
broadband service and VoIP service; 2
(2) an appropriate regulatory framework to implement oversight of 3
broadband service and VoIP service that encompasses: 4
(i) standards for Internet service provider resiliency and reliability, 5
including the requirement to submit outage data; 6
(ii) standards for Internet service provider emergency preparedness; 7
(iii) public disclosure reporting requirements for the availability, 8
deployment, pricing, and adoption of broadband services and VoIP services; 9
(iv) a customer complaint process at the Commission; and 10
(v) a publicly accessible resource that contains information on 11
broadband services, including prices; 12
(3) the applicability of the current regulatory framework for landline 13
telecommunications to the regulation of broadband services and VoIP services; 14
(4) the expected cost to the Commission to implement the appropriate 15
regulatory framework and obtain the resources necessary t o regulate broadband services 16
and VoIP services; 17
(5) statutory mechanisms and regulatory mechanisms utilized in other 18
states to oversee broadband services and VoIP services; and 19
(6) any legislative changes that must be enacted to establish the 20
Commission’s oversight authority. 21
(c) On or before December 31, 2026, the Public Service Commission shall report, 22
in accordance with § 2 –1257 of the State Government Article, its findings and 23
recommendations to the Senate Committee on Education, Energy, and the Environment, 24
the House Environment and Transportation Committee, and the General Assembly. 25
Article – Public Utilities 26
5–107. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) (I) “BROADBAND SERVICE ” MEANS A MASS –MARKET RETAIL 30
SERVICE THAT PROVIDE S THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE 31
4 HOUSE BILL 1037
DATA FROM ALL OR SUB STANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY 1
CAPABILITIES THAT AR E INCIDENTAL TO AND ENABLE THE OPERATION OF 2
COMMUNICATIONS SERVICES PROVIDED BY A WI RELINE, FIXED WIRELESS, MOBILE 3
WIRELESS BROADBAND, OR SATELLITE SERVICE PROVIDER. 4
(II) “BROADBAND SERVICE ” DOES NOT INCLUDE DIA L–UP 5
INTERNET SERVICE. 6
(3) “INTERNET SERVICE PROV IDER” MEANS AN ENTITY THAT 7
PROVIDES BROADBAND SERVICE TO A CUSTOMER IN THE STATE. 8
(4) (I) “VOICE OVER INTERNET PROTOCOL SER VICE” OR “VOIP 9
SERVICE” MEANS ANY SERVICE THAT: 10
1. ENABLES REAL –TIME TWO –WAY VOICE 11
COMMUNICATIONS THAT ORIGINATE FROM OR TERMINATE TO THE SUBSCRIBER END 12
USER’S LOCATION REQUIRING INTERNET PROTOCOL OR ANY SUCCESSOR PROTOCOL 13
TO INTERNET PROTOCOL; AND 14
2. REQUIRES A BROADBAND CONNECTION FROM THE 15
USER’S LOCATION. 16
(II) “VOICE OVER INTERNET PROTOCOL SER VICE” OR “VOIP 17
SERVICE” INCLUDES ANY SERVICE THAT ALLOWS USERS GE NERALLY TO RECEIVE 18
CALLS THAT ORIGINATE ON THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO 19
TERMINATE CALLS TO THE PUBLIC SWITCHED TELEPHONE NETWORK. 20
(B) THE COMMISSION MAY EXERCISE OVERSIGHT OF BROADBAND SERVICE 21
AND VOIP SERVICE. 22
(C) THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT 23
EFFECTIVE OVERSIGHT OF TH E QUALITY , RELIABILITY, AND RESILIENCE OF 24
BROADBAND SERVICE AND VOIP SERVICE, INCLUDING: 25
(1) ESTABLISHING STANDAR DS TO ENSURE THE RES ILIENCE AND 26
RELIABILITY OF BROADBAND INFRASTRUCTURE; 27
(2) REQUIRING EACH INTERNET SERVICE PROVIDER TO: 28
(I) SUBMIT INFORMATION R ELATING TO NETWORK 29
RELIABILITY, INCLUDING REPORTING OUTAGES; 30
HOUSE BILL 1037 5
(II) MAINTAIN NETWORKS SUFFICIENTLY IN ORDER TO ENSURE 1
RELIABLE, SAFE, AND ADEQUATE SERVICES; 2
(III) REPORT DATA ON THE A VAILABILITY, DEPLOYMENT, 3
PRICING, AND ADOPTION OF BROADBAND SERVICES AND VOIP SERVICES; AND 4
(IV) SUBMIT TO THE COMMISSION THE PROVIDER’S PLANS FOR 5
EMERGENCY PREPAREDNESS AND POSTEMERGENCY NETWORK RESTORATION; 6
(3) ESTABLISHING A SYSTE M FOR ASSESSING THE ADEQUACY OF 7
INTERNET SERVICE PROVIDERS’ PLANS FOR EMERGENCY PREPAREDNESS AND 8
POSTEMERGENCY NETWORK RESTORATION; AND 9
(4) ESTABLISHING MINIMUM REQUIREMENTS FOR BAC KUP POWER 10
GENERATION. 11
(D) THE COMMISSION SHALL ASSE SS THE ADEQUACY OF E ACH INTERNET 12
SERVICE PROVIDER ’S PLAN FOR EMERGE NCY PREPAREDNESS AND 13
POSTEMERGENCY NETWORK RESTORATION IN ACC ORDANCE WITH REGULAT IONS 14
ADOPTED UNDER THIS SECTION. 15
(E) (1) ON RECEIPT OF A COMPL AINT FROM A CUSTOMER OR BASED ON 16
DATA COLLECTED FROM PROVIDERS, THE COMMISSION MAY CONDUC T AN 17
EVALUATION OR AUD IT OF AN INTERNET SERVICE PROV IDER’S FACILITIES AND 18
INFRASTRUCTURE TO AS SESS SERVICE QUALITY , PUBLIC SAFETY CONCER NS, OR 19
NETWORK RESILIENCE. 20
(2) THE COMMISSION MAY HOLD A HEARING AS PART OF T HE 21
EVALUATION OR AUDIT AUTHORIZED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 22
(3) IF THE COMMISSION DETERMINES THAT THE PRACTICES , 23
FACILITIES, OR SERVICES OF AN INTERNET SERVICE PROV IDER ARE UNJUST , 24
UNREASONABLE, UNSAFE, IMPROPER, OR INADEQUATE TO ENS URE NETWORK 25
RELIABILITY, RESILIENCE, AND PUBLIC SAFETY IN ACCORDANCE WITH THE 26
STANDARDS ESTABLISHE D UNDER SUBSECTION (C) OF THIS SECTION , THE 27
COMMISSION MAY REQUIRE THE PROVIDER TO UNDERTAKE REMEDIAL ACTIONS. 28
(F) ON OR BEFORE JANUARY 1, 2028, AND EACH JANUARY 1 THEREAFTER, 29
THE COMMISSION SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 30
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON PROGRESS MADE 31
TOWARD IMPROVING SER VICE QUALITY , PUBLIC SAFETY , AND NETWORK 32
RESILIENCE. 33
6 HOUSE BILL 1037
(G) (1) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO LIMIT ANY 1
RIGHT OR AUTHORITY G RANTED TO THE OFFICE OF STATEWIDE BROADBAND 2
UNDER TITLE 6.5 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 3
(2) THE COMMISSION MAY COORDI NATE WITH THE OFFICE OF 4
STATEWIDE BROADBAND WHEN COLLECTING DATA TO CARRY OUT THE PROVISIONS 5
OF THIS SECTION. 6
[Subtitle 6. Voice over Internet Protocol Service.] 7
[8–601. 8
In this subtitle: 9
(1) “voice over Internet protocol service” or “VoIP service” means any 10
service that: 11
(i) enables real–time two–way voice communications that originate 12
from or terminate to the subscriber end user’s location requiring Internet protocol or any 13
successor protocol to Internet protocol; and 14
(ii) requires a broadband connection from the user’s location; and 15
(2) “voice over Internet protocol service” or “VoIP service” includes any 16
such ser vice that permits users generally to receive calls that originate on the public 17
switched telephone network and to terminate calls to the public switched telephone 18
network.] 19
[8–602. 20
(a) The Commission does not have jurisdiction over the regulation of VoIP service, 21
including the imposition of regulatory fees, certification requirements, and the filing or 22
approval of tariffs. 23
(b) Nothing in this subtitle may be construed to: 24
(1) require or prohibit the assessment of 9 –1–1 fees in accordance with § 25
1–310 of the Public Safety Article on VoIP; 26
(2) require or prohibit the assessment of fees for telecommunications relay 27
service under Title 3, Subtitle 8 of the State Finance and Procurement Article; 28
(3) require or prohibit the payment of any switched ne twork access rates 29
or other intercarrier compensation rates that may be determined to apply; 30
HOUSE BILL 1037 7
(4) relieve a company that is otherwise subject to § 8–201 of this title of its 1
obligation to provide telephone lifeline service over local exchange access lines that are 2
subject to the Commission’s jurisdiction; 3
(5) exempt VoIP service from generally applicable State and federal laws 4
relating to public safety, consumer protection, and unfair and deceptive trade practices, or 5
to exempt VoIP service from the authority of the Division of Consumer Protection in the 6
Office of the Attorney General; or 7
(6) remove the Commission’s jurisdiction over circuit switched local 8
exchange access service. 9
(c) A company that moves a customer from a Commission–approved tariff service 10
to VoIP service shall notify the customer that the Commission does not have jurisdiction 11
over the regulation of VoIP service and that complaints about VoIP service may be filed 12
with the Division of Consumer Protection in the Office of the Attorney General.] 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October July 1, 2026. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.