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*sb0605*
SENATE BILL 605
C5, S1 6lr2445
CF HB 1037
By: Senator M. Washington
Introduced and read first time: February 5, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 19, 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 conduct certain evaluations or audits and 8
require certain remedial action under certain circumstances; conduct a study and 9
make recommendations on the potential scope, structure, and implementat ion of 10
Commission oversight of broadband service and voice over Internet protocol service; 11
and generally relating to broadband service and voice over Internet protocol service. 12
BY adding to 13
Article – Public Utilities 14
Section 5–107 15
Annotated Code of Maryland 16
(2025 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Public Utilities 19
Section 8–601 20
Annotated Code of Maryland 21
(2025 Replacement Volume and 2025 Supplement) 22
2 SENATE BILL 605
BY repealing and reenacting, with amendments, 1
Article – Public Utilities 2
Section 8–602 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) (i) “Broadband service” means a mass –market retail service that 9
provides the capability to transmit data to and receive data from all or substantially all 10
Internet endpoints, including any cap abilities that are incidental to and enable the 11
operation of communications services provided by an Internet service provider. 12
(ii) “Broadband service” does not include dial–up Internet service. 13
(3) “Internet service provider” means an entity that provides broadband 14
service to a customer in the State through any of the following modes: 15
(i) wireline; 16
(ii) fixed wireless; 17
(iii) mobile wireless; or 18
(iv) satellite. 19
(4) (i) “Voice over Internet protocol service” or “VoIP service” means 20
any service that: 21
1. enables real –time two –way voice communications that 22
originate from or terminate to the subscriber end user’s location requiring Internet protocol 23
or any successor protocol to Internet protocol; and 24
2. requires a broadband connection from the user’s location. 25
(ii) “Voice over Internet protocol service” or “VoIP service” includes 26
any service that allows users generally to receive calls that originate on the public switched 27
telephone network and to terminate calls to the public switched telephone network. 28
(b) The Public Service Commission shall conduct a study and make 29
recommendations regarding the potential scope, structure, and implementation of 30
Commission oversight of broadband service and VoIP service in the Sta te, including 31
considering: 32
SENATE BILL 605 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 to 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 SENATE BILL 605
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) “VOICE OVER INTERNET PROTOCOL SER VICE” OR “VOIP 9
SERVICE” HAS THE MEANING STATED IN § 8–601 OF THIS ARTICLE. 10
(B) THE COMMISSION MAY EXERCISE OVERSIGHT OF BROADBAND SERVICE 11
AND VOIP SERVICE. 12
(C) THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT 13
EFFECTIVE OVERSIGHT OF THE QUALITY , RELIABILITY, AND RESILIENCE OF 14
BROADBAND SERVICE AND VOIP SERVICE, INCLUDING: 15
(1) ESTABLISHING STANDAR DS TO ENSURE THE RES ILIENCE AND 16
RELIABILITY OF BROADBAND INFRASTRUCTURE; 17
(2) REQUIRING EACH INTERNET SERVICE PROVIDER TO: 18
(I) SUBMIT INFORMATION R ELATING TO NETWORK 19
RELIABILITY, INCLUDING REPORTING OUTAGES; 20
(II) MAINTAIN NETWORKS SUFFICIENTLY IN ORDER TO ENSURE 21
RELIABLE, SAFE, AND ADEQUATE SERVICES; 22
(III) REPORT DATA ON THE A VAILABILITY, DEPLOYMENT, 23
PRICING, AND ADOPTION OF BROADBAND SERVICES AND VOIP SERVICES; AND 24
(IV) SUBMIT TO THE COMMISSION THE PROVIDER’S PLANS FOR 25
EMERGENCY PREPAREDNESS AND POSTEMERGENCY NETWORK RESTORATION; 26
(3) ESTABLISHING A SYSTE M FOR ASSESSING THE ADEQUACY OF 27
INTERNET SERVICE PROV IDERS’ PLANS FOR EMERGENCY PREPAREDNESS AND 28
POSTEMERGENCY NETWORK RESTORATION; AND 29
SENATE BILL 605 5
(4) ESTABLISHING MINIMUM REQUIREMENTS FOR BAC KUP POWER 1
GENERATION. 2
(D) THE COMMISSION SHALL ASSE SS THE ADEQUACY OF E ACH INTERNET 3
SERVICE PROVIDER ’S PLAN FOR EMERGENCY PREPAREDNESS AND 4
POSTEMERGENCY NETWORK RESTORATION IN ACC ORDANCE WITH REGULAT IONS 5
ADOPTED UNDER THIS SECTION. 6
(E) (1) ON RECEIPT OF A COMPL AINT FROM A CUSTOMER OR BASED ON 7
DATA COLLECTED FROM PROVIDERS, THE COMMISSION MAY CONDUC T AN 8
EVALUATION OR AUDIT OF AN INTERNET SERVICE PROV IDER’S FACILITIES AND 9
INFRASTRUCTURE TO AS SESS SERVICE QUALITY , PUBLIC SAFETY CONCER NS, OR 10
NETWORK RESILIENCE. 11
(2) THE COMMISSION MAY HOLD A HEARING AS PART OF T HE 12
EVALUATION OR AUDIT AUTHORIZED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 13
(3) IF THE COMMISSION DETERMINES THAT THE PRACTICES , 14
FACILITIES, OR SERVICES OF AN INTERNET SERVICE P ROVIDER ARE UNJUST , 15
UNREASONABLE, UNSAFE, IMPROPER, OR INADEQUATE TO ENS URE NETWORK 16
RELIABILITY, RESILIENCE, AND PUBLIC SAFETY IN ACCORDANCE WITH THE 17
STANDARDS ESTABLISHE D UNDER SUBSECTION (C) OF THIS SECTION , THE 18
COMMISSION MAY REQUIRE THE PROVIDER TO UNDERTAKE REMEDIAL ACTIONS. 19
(F) ON OR BEFORE JANUARY 1, 2028, AND EACH JANUARY 1 THEREAFTER, 20
THE COMMISSION SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 21
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON PROGRESS MADE 22
TOWARD IMPROVING SER VICE QUALITY , PUBLIC SAFETY , AND NETWORK 23
RESILIENCE. 24
(G) (1) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO LIMIT ANY 25
RIGHT OR AUTHORITY G RANTED TO THE OFFICE OF STATEWIDE BROADBAND 26
UNDER TITLE 6.5 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 27
(2) THE COMMISSION MAY COORDINATE WITH THE OFFICE OF 28
STATEWIDE BROADBAND WHEN COLLECTING DATA TO CARRY OUT THE PROVISIONS 29
OF THIS SECTION. 30
8–601. 31
In this subtitle: 32
(1) “voice over Internet protocol service” or “VoIP service” means any 33
service that: 34
6 SENATE BILL 605
(i) enables real–time two–way voice communications that originate 1
from or terminate to the subscriber end user’s location requiring Internet protocol or any 2
successor protocol to Internet protocol; and 3
(ii) requires a broadband connection from the user’s location; and 4
(2) “voice over Internet protocol service” or “VoIP service” includes any 5
such service that permits users generally to receive calls that originate on the public 6
switched telephone network and to terminate calls to the public switched telephone 7
network. 8
8–602. 9
(a) [The] EXCEPT AS PROVIDED IN § 5–107 OF THIS ARTICLE , THE 10
Commission does not have jurisdiction over the regulation of VoIP service, including the 11
imposition of regulatory fees, certification requirements, and the filing or approval of 12
tariffs. 13
(b) Nothing in this subtitle may be construed to: 14
(1) require or prohibit the assessment of 9 –1–1 fees in accordance with § 15
1–310 of the Public Safety Article on VoIP; 16
(2) require or prohibit the assessment of fees for telecommunications relay 17
service under Title 3, Subtitle 8 of the State Finance and Procurement Article; 18
(3) require or prohibit the payment of any switched network access rates 19
or other intercarrier compensation rates that may be determined to apply; 20
(4) relieve a company that is otherwise subject to § 8–201 of this title of its 21
obligation to provide telephone lifeline service over local exchange access lines that are 22
subject to the Commission’s jurisdiction; 23
(5) exempt VoIP service from generally applicable Stat e and federal laws 24
relating to public safety, consumer protection, and unfair and deceptive trade practices, or 25
to exempt VoIP service from the authority of the Division of Consumer Protection in the 26
Office of the Attorney General; or 27
(6) remove the Com mission’s jurisdiction over circuit switched local 28
exchange access service. 29
(c) A company that moves a customer from a Commission–approved tariff service 30
to VoIP service shall notify the customer that the Commission does not have jurisdiction 31
over the re gulation of VoIP service and that complaints about VoIP service may be filed 32
with the Division of Consumer Protection in the Office of the Attorney General. 33
SENATE BILL 605 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October July 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.