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.
*sb0571*

SENATE BILL 571
C9, I4, P1 6lr0923
CF HB 382
By: Senator Ellis
Introduced and read first time: February 4, 2026
Assigned to: Finance

A BILL ENTITLED

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; altering the duties of the Office; 8
establishing a Broadband Affordability Advisory Board; and generally relating to 9
broadband access for low–income consumers. 10

BY repealing and reenacting, with amendments, 11
Article – Commercial Law 12
Section 13–301(14)(xlvii) 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15

BY repealing and reenacting, without amendments, 16
Article – Commercial Law 17
Section 13–301(14)(xlviii) 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20

BY adding to 21
Article – Commercial Law 22
Section 13–301(14)(xlix); and 14–5101 through 14–5106 to be under the new subtitle 23
“Subtitle 51. Maryland Broadband Opportunity and Fairness” 24
Annotated Code of Maryland 25
(2025 Replacement Volume) 26

BY repealing and reenacting, without amendments, 27
2 SENATE BILL 571

Article – Housing and Community Development 1
Section 6.5–101 2
Annotated Code of Maryland 3
(2019 Replacement Volume and 2025 Supplement) 4

BY repealing and reenacting, with amendments, 5
Article – Housing and Community Development 6
Section 6.5–104(a)(1), (2), (4), and (5) and (e) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2025 Supplement) 9

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11

Article – Commercial Law 12

13–301. 13

Unfair, abusive, or deceptive trade practices include any: 14

(14) Violation of a provision of: 15

(xlvii) Title 14, Subtitle 50 of this article; [or] 16

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 17

(XLIX) TITLE 14, SUBTITLE 51 OF THIS ARTICLE; OR 18

SUBTITLE 51. MARYLAND BROADBAND OPPORTUNITY AND FAIRNESS. 19

14–5101. 20

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22

(B) (1) “BROADBAND SERVICE” MEANS A MASS–MARKET RETAIL SERVICE 23
THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM 24
ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES 25
THAT ARE INCIDENTAL TO AND ENABLE THE OP ERATION OF COMMUNI CATIONS 26
SERVICES PROVIDED BY A WIRELINE , FIXED WIRELESS , MOBILE WIRELESS 27
BROADBAND, OR SATELLITE SERVICE PROVIDER. 28

(2) “BROADBAND SERVICE” DOES NOT INCLUDE DIAL–UP SERVICE. 29

SENATE BILL 571 3

(C) “LOW–INCOME CONSUMER” MEANS AN INDIVIDUAL WHOSE HOUSEHOLD 1
OR AT LEAST ONE MEMBER OF THE HOUSEHOLD: 2

(1) MEETS THE ELIGIBILITY CRITERIA FOR: 3

(I) FREE AND REDUCED PRICE MEAL PROGRAMS ESTABLISHED 4
BY THE U.S. DEPARTMENT OF AGRICULTURE; 5

(II) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 6
BENEFITS; OR 7

(III) MEDICAID BENEFITS; 8

(2) IN THE PRIOR TAXABLE YEAR, MET THE ELIGIBILITY CRITERIA 9
FOR: 10

(I) THE MARYLAND EARNED INCOME TAX CREDIT; OR 11

(II) THE CREDIT FOR THE EL DERLY AND THE PERMAN ENTLY 12
AND TOTALLY DISABLED UNDER 26 U.S.C. § 22; 13

(3) RECEIVES A BENEFIT TH ROUGH A LO W–INCOME ENERGY 14
ASSISTANCE PROGRAM; OR 15

(4) HAS AN ANNUAL HOUSEHOLD INCOME AT OR BELOW 350% OF THE 16
FEDERAL POVERTY GUIDELINES. 17

(D) “OFFICE” MEANS THE OFFICE OF STATEWIDE BROADBAND IN THE 18
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 19

(E) “PROGRAM” MEANS A LOW–INCOME CONSUMER PROGRAM. 20

(F) “PROVIDER” MEANS A PERSON THAT PROVIDES BROADBAND S ERVICE 21
TO 10,000 OR MORE CUSTOMERS. 22

14–5102. 23

(A) ON OR BEFORE DECEMBER 1, 2026, EACH PROVIDER IN THE STATE 24
SHALL ESTABLISH A LOW–INCOME CONSUMER PROGRAM. 25

(B) (1) (I) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS 26
SUBSECTION, A PROGRAM SHALL OFFE R AT LEAST ONE LOW –COST BROADBAND 27
SERVICE OPTION TO ELIGIBLE LOW–INCOME CONSUMERS INCLUDING: 28
4 SENATE BILL 571

1. A MINIMUM BROADBAND SPEED OF: 1

A. 100 MEGABITS PER SECOND DOWNLOAD SPEED AND 2
20 MEGABITS PER SECOND UPLOAD SPEED FOR A HOUSEHOLD OF TWO OR LESS; OR 3

B. 200 MEGABITS PER SECOND DOWNLOAD SPEED AND 4
20 MEGABITS PER SECOND UPLOAD SPEED FOR A HOUSEHOLD OF THREE OR MORE; 5

2. AT LEAST 1.2 TERABYTES OF DATA STORAGE; AND 6

3. A LATENCY THAT IS SUFF ICIENTLY LOW TO ALLO W 7
REASONABLY FORESEEABLE, REAL–TIME, INTERACTIVE APPLICATIONS. 8

(II) NETWORK OUTAGES OF BR OADBAND SERVICES OFF ERED 9
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY NOT EXCEED, ON AVERAGE, 48 10
HOURS WITHIN ANY YEAR. 11

(2) THE OFFICE MAY MODIFY THE DOWNLOAD AND UPLOAD SPEEDS 12
REQUIRED IN PARAGRAPH (1)(I)1 OF THIS SUBSECTION F OR AREAS OF THE STATE 13
IN WHICH SUCH SPEEDS ARE NOT REASONABLY PRACTICABLE. 14

(3) (I) A PROVIDER MAY , ONCE EVERY 3 YEARS, INCREASE THE 15
PRICE OF BROADBAND SERVICE PROVIDED UNDER THE P ROVIDER’S PROGRAM BY 16
THE LESSER OF: 17

1. THE MOST RECENT CHANG E IN THE CONSUMER 18
PRICE INDEX FOR ALL URBAN CONSUMERS; OR 19

2. NOT MORE THAN 2% PER YEAR. 20

(II) A PROVIDER SHALL PROVIDE AT LEAST 30 DAYS’ NOTICE OF 21
A PRICE INCREASE AUT HORIZED UNDER THIS P ARAGRAPH TO CONSUMER S 22
CURRENTLY ENROLLED I N THE PROVIDER ’S PROGRAM AND THE OFFICE BEFORE 23
INCREASING THE PRICE. 24

(C) A PROVIDER MAY NOT REQ UIRE ENROLLMENT IN A N AUTOMATIC 25
PAYMENT PLAN AS A CRITERION FOR ELIGIBILITY IN A PROGRAM. 26

(D) A PROVIDER SHALL ALLOW CUSTOMERS ENROLLED IN THE PROVIDER’S 27
PROGRAM TO PURCHASE STAND–ALONE BROADBAND SERV ICE, OR BROADBAND 28
SERVICE BUNDLED WITH CABLE TELEVISION OR PHONE SERVICE. 29

SENATE BILL 571 5

(E) ANY CONTRACT OR AGREEMENT FOR BROADBAND SERVICE OFFERED AS 1
PART OF A PROGRAM SH ALL INCLUDE THE SAME TERMS AND CONDITIONS, OTHER 2
THAN PRICE AND BROADBAND SPEED, AS REGULARLY PRICED PLANS FOR SIMILAR 3
SERVICES OFFERED BY THE PROVIDER. 4

(F) (1) A PROVIDER SHALL MAKE AVAILABLE TO THE PUB LIC IN A 5
PROMINENT MANNER ON ITS WEBSITE ANYWHERE THAT A LIST OF AVAILABLE PLANS 6
IS POSTED THE AVAILA BILITY OF BROADBAND SERVICE FOR LOW –INCOME 7
CONSUMERS AND ENROLLMENT PROCEDURES. 8

(2) A PROVIDER SHALL MAKE ALL COMMERCIALLY REA SONABLE 9
EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILITY OF BROADBAND SERVICE 10
FOR LOW –INCOME CONSUMERS AND ENROLLMENT PROCEDURE S ON THE 11
PROVIDER’S WEBSITE AND IN ANY WRITTEN OR COMMERCIA L PROMOTIONAL OR 12
ADVERTISING MATERIALS. 13

(3) ANY PROMOTION OR ADVE RTISING REQUIRED UND ER 14
PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE THE PROMINENT DISPLAY OF 15
THE PROVIDER’S PROGRAM. 16

(G) FOR ANY PROGRAM THAT PROVIDES A LOW–COST BROADBAND SERVICE 17
TO A CUSTOMER UNDER THIS SECTION THAT IN VOLVES LAYING FIBER –OPTIC 18
CABLES OR CONDUIT UNDERGROUND OR ALONG A ROADWAY, THE PROVIDER SHALL 19
INCLUDE INTERSPERSED CONDUIT ACCESS POINT S AT REGULAR AND SHO RT 20
INTERVALS. 21

(H) IF A PROVIDER CAN NO LONGER PROVIDE A LOW –COST BROADBAND 22
SERVICE OPTION TO A CUSTOMER UNDER THIS SECTION, THE PROVIDER SHALL SELL 23
THE NETWORK CAPACITY AT A REASONABLE , WHOLESALE RATE ON A 24
NONDISCRIMINATORY BASIS TO OTHER PROVIDERS. 25

14–5103. 26

THE OFFICE MAY EXEMPT A P ROVIDER FROM THE REQ UIREMENTS OF § 27
14–5102 OF THIS SUBTITLE IF: 28

(1) THE PROVIDER PROVIDES BROADBAND SERVICE TO FEWER THAN 29
20,000 HOUSEHOLDS; AND 30

(2) THE OFFICE DETERMINES THAT COMPLIANCE WOULD RESULT IN 31
AN UNREASONABLE OR UNSUSTAINABLE FINANCIAL IMPACT ON THE PROVIDER. 32

14–5104. 33
6 SENATE BILL 571

(A) ON OR BEFORE NOVEMBER 15, 2027, AND EACH NOVEMBER 15 1
THEREAFTER, A PROVIDER IN THE STATE SHALL F ILE WITH THE OFFICE A 2
COMPLIANCE REPORT INCLUDING: 3

(1) THE AVAILABILITY OF A LOW–INCOME CONSUMER PROGRAM; 4

(2) THE NUMBER OF CONSUMERS ENROLLED IN THE PROGRAM; 5

(3) THE PROCEDURES USED T O VERIFY THE ELIGIBI LITY OF 6
CUSTOMERS APPLYING FOR THE PROGRAM; 7

(4) THE ADVERTISING AND M ARKETING EFFORTS UND ERTAKEN TO 8
ADVERTISE AND PROMOT E THE AVAILABILITY O F THE PROGRAM , INCLUDING 9
SAMPLES OF ADVERTISING AND MARKETING MATERIALS; 10

(5) ALL BROADBAND SERVICE PLANS OFFERED BY THE PROVIDER, 11
INCLUDING PRICING AND BROADBAND SPEEDS; AND 12

(6) ANY OTHER INFORMATION THE OFFICE CONSIDERS NECE SSARY 13
OR APPROPRIATE. 14

(B) ON OR BEFORE DECEMBER 1, 2029, AND AT LEAST EVERY 5 YEARS 15
THEREAFTER, THE OFFICE SHALL: 16

(1) DETERMINE WHETHER THE MINIMUM BROADBAND DO WNLOAD 17
AND UPLOAD SPEEDS AND DATA ST ORAGE REQUIRED IN § 14–5102(B)(1) OF THIS 18
SUBTITLE SHOULD BE INCREASED TO: 19

(I) THE FEDERAL COMMUNICATIONS COMMISSION’S 20
BENCHMARK FOR HIGH –SPEED FIXED BROADBAN D DOWNLOAD AND UPLOA D 21
SPEEDS; OR 22

(II) COMMONLY AVAILABLE MO BILE BROADB AND DOWNLOAD 23
AND UPLOAD SPEEDS, AND DATA STORAGE LIMITS IN THE STATE; AND 24

(2) (I) EVALUATE THE ELIGIBIL ITY REQUIREMENTS FOR A 25
LOW–INCOME CONSUMER; AND 26

(II) INCLUDE IN THE REPORT REQUIRED UNDER § 6.5–104 OF 27
THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE ANY RECOMMENDATIONS 28
FOR CHANGES TO THE ELIGIBILITY REQUIREMENTS. 29

SENATE BILL 571 7

14–5105. 1

(A) (1) THERE IS A BROADBAND AFFORDABILITY ADVISORY BOARD. 2

(2) THE PURPOSE OF T HE ADVISORY BOARD IS , SUBJECT TO 3
SUBSECTION (D) OF THIS SECTION, TO ESTABLISH A DEFIN ITION FOR A LOW –COST 4
BROADBAND SERVICE OPTION AS REQUIRED BY 47 U.S.C. § 1702. 5

(B) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING MEMBERS: 6

(1) THE DIRECTOR OF THE OFFICE, OR THE DIRECTOR’S DESIGNEE; 7

(2) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 8
PRESIDENT OF THE SENATE; 9

(3) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 10
SPEAKER OF THE HOUSE; 11

(4) ONE REPRESENTATIVE OF THE GOVERNOR’S OFFICE, APPOINTED 12
BY THE GOVERNOR; 13

(5) ONE ATTORNEY FROM THE OFFICE OF THE ATTORNEY GENERAL 14
WITH EXPERIENCE IN C ONSUMER PROTECTION , APPOINTED BY THE ATTORNEY 15
GENERAL; 16

(6) A REPRESENTATIVE FROM EACH PROVIDER IN THE STATE; AND 17

(7) REPRESENTATIVES FROM ANY S TAKEHOLDER GROUPS 18
APPROVED BY THE MEMBERS FROM THE EXECUTIVE AND LEGISLATIVE BRANCHES 19
OF STATE GOVERNMENT. 20

(C) THE ADVISORY BOARD SHALL SUBMIT TH E DEFINITION OF LOW –COST 21
BROADBAND SERVICE OPTION TO THE OFFICE FOR SUBMITTAL TO THE NATIONAL 22
TELECOMMUNICATIONS AN D INFORMATION ADMINISTRATION FOR AP PROVAL 23
UNDER 47 U.S.C. § 1702. 24

(D) THE DEFINITION OF LOW–COST BROADBAND SERVICE OPTION SHALL: 25

(1) MEET THE REQUIREMENTS OF THIS SUBTITLE; 26

(2) MEET ANY REQUIREMENTS SET BY FEDERAL LAW; AND 27

8 SENATE BILL 571

(3) MEET ANY REQUIREMENTS SET BY THE NATIONAL 1
TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. 2

14–5106. 3

A VIOLATION OF THIS SU BTITLE IS AN UNFAIR , ABUSIVE, OR DECEPTIVE 4
TRADE PRACTICE WITHI N THE MEANING OF TITLE 13 OF THIS ARTICLE AND IS 5
SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 6
13 OF THIS ARTICLE. 7

Article – Housing and Community Development 8

6.5–101. 9

(a) In this title the following words have the meanings indicated. 10

(b) “Director” means the Director of the Office of Statewide Broadband. 11

(c) “Office” means the Office of Statewide Broadband. 12

6.5–104. 13

(a) The Office shall: 14

(1) develop definitions and standards for broadband Internet that: 15

(i) address current and future requirements and uses by 16
communities, businesses, schools, health care providers, and other stakeholders; 17

(ii) reflect the need for a forward –looking, statewide digital 18
communications infrastructure; [and] 19

(iii) ARE CONSISTENT WITH TITLE 14, SUBTITLE 51 OF THE 20
COMMERCIAL LAW ARTICLE; AND 21

(IV) are not at odds with definitions and standards adopted by the 22
Federal Communications Commission; 23

(2) (i) collect promotional and nonpromotional pricing data directly 24
from broadband Internet providers, INCLUDING DATA REQUIRED UNDER § 14–5104(A) 25
OF THE COMMERCIAL LAW ARTICLE; and 26

(ii) assess the actual upload and download speeds experienced by 27
consumers; 28

SENATE BILL 571 9

(4) create a website that houses a publicly accessible map that allows users 1
to overlay GIS heat mapping comments, based on and incorporating data and information 2
from the Federal Communications Commission, that shows, in addition to any information 3
provided by the Federal Communications Commission: 4

(i) which residences do and do not have access to broadband 5
Internet; 6

(ii) broadband Internet service prices and plans available in 7
different areas, INCLUDING REDUCED RA TE BROADBAND PLANS F OR LOW–INCOME 8
CONSUMERS; and 9

(iii) other available State geographic and demographic data; 10

(5) collect, analyze, and publicly share: 11

(i) geographic and demographic data regarding households that rely 12
on mobile broadband for Internet service, based on the understanding that mobile 13
broadband is not a substitute for in–home fixed Internet services; 14

(ii) data regarding the adoption and affordability of reliable 15
broadband Internet in the State, including the average cost per average speed by county; 16
[and] 17

(iii) data regarding investments in expanding Internet 18
infrastructure, adoption, and speed increases; AND 19

(IV) AVAILABLE BROADBAND PRODUCTS INCLUDING R ETAIL 20
RATE PLANS AND LOW–INCOME CONSUMER PLANS; 21

(e) (1) On or before December 1, 2021, and each year thereafter, the Office 22
shall report to the Governor and, in accordance with § 2 –1257 of the State Government 23
Article, the General Assembly on: 24

(i) the progress of the State’s efforts to: 25

1. develop and implement the plan required under 26
subsection (c) of this section; 27

2. increase access and connection to broadband Internet 28
services throughout the State with specific reporting on improvements to infrastructure, 29
adoption, and speeds; 30

3. improve digital literacy among residents of the State; and 31

10 SENATE BILL 571

4. increase speeds to meet or exceed the Federal 1
Communications Commission standard for upload and download speeds; 2

(ii) the existing gaps in connectivity and the State’s progress toward 3
closing those gaps; 4

(iii) the impact that gaps in Internet service have on the workforce 5
and State and local economies; 6

(iv) information from loc al education agencies on the impact of 7
Internet service quality on student achievement and access to 21st century opportunities; 8

(v) demographic data on locations with gaps in services; and 9

(vi) the allocation of money from, and programs supported by, the 10
Digital Inclusion Fund, the Digital Connectivity Fund, and the Rural Broadband 11
Assistance Fund in the preceding fiscal year. 12

(2) The report required under paragraph (1) of this subsection shall: 13

(I) MEET THE REQUIREMENT S OF § 14–5104(B)(2)(II) OF THE 14
COMMERCIAL LAW ARTICLE; AND 15

(II) be published on the website established under subsection (a)(4) 16
of this section. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19