LRB-4621/1
MCP:emw
2017 - 2018 LEGISLATURE
February 21, 2018 - Introduced by Senators Vinehout, Ringhand and Carpenter,
cosponsored by Representatives
Vruwink, Anderson, Sargent, Spreitzer,
Novak, Subeck, Brostoff, Pope and Berceau. Referred to Committee on
Elections and Utilities.
SB846,1,3
1An Act to amend 100.20 (1v), 100.20 (5) and 100.20 (6); and
to create 100.2085
2of the statutes;
relating to: advertising broadband and other Internet speeds
3and providing a standardized broadband label.
Analysis by the Legislative Reference Bureau
Under this bill, no person may advertise as providing broadband service or sell
a service that the person represents as being broadband service unless the service
is capable of consistently providing a minimum download speed of 25 megabits per
second (Mbps) and a minimum upload speed of 3 Mbps. Also under the bill, no person
may advertise as providing Internet service at a specific speed or sell Internet service
that the person represents as being at a specific speed unless the service is capable
of consistently providing that speed. If a person sells a service represented as
broadband service that does not meet the broadband speed requirements, or sells
Internet service represented as being at a specific speed that does not provide that
speed, the consumer is entitled to terminate the contract and receive a refund unless
the service provider brings the speeds up to the advertised speeds within one month
of receiving notice from the consumer.
The bill also requires any person selling broadband service in this state to
provide a standardized consumer label that shows important consumer information,
on a template provided by the Federal Communications Commission, to each
broadband customer before a sale and to make these labels easily available to
potential customers.
Under the bill, a person who violates the provisions of the bill is subject to
existing penalties under current law, which provide for a fine of up to $200 or
imprisonment for not more than six months or both. The bill also provides that a
violation of the provisions of the bill is an unfair method of competition in business
or an unfair trade practice, and that a person who suffers pecuniary loss because of
a violation may sue for damages and recover twice the amount of pecuniary loss as
well as reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB846,2,43
100.20
(1v) It is an unfair method of competition in business or an unfair trade
4practice for a person or business entity to violate s.
100.2085 (1) or (2) or 100.70 (1).
SB846,2,117
100.20
(5) Any person suffering pecuniary loss because of a violation by any
8other person of s.
100.2085 or 100.70 or any order issued under this section may sue
9for damages therefor in any court of competent jurisdiction and shall recover twice
10the amount of such pecuniary loss, together with costs, including a reasonable
11attorney fee.
SB846,3,314
100.20
(6) The department may commence an action in circuit court in the
15name of the state to restrain by temporary or permanent injunction the violation of
16s.
100.2085 or 100.70 or any order issued under this section. The court may in its
17discretion, prior to entry of final judgment make such orders or judgments as may
18be necessary to restore to any person any pecuniary loss suffered because of the acts
19or practices involved in the action, provided proof thereof is submitted to the
1satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
2to investigate violations of s.
100.2085 or 100.70 or any order issued under this
3section.
SB846,4
4Section
4. 100.2085 of the statutes is created to read:
SB846,3,6
5100.2085 Broadband and other Internet services. (1) Broadband and
6other Internet speeds. No person may do any of the following:
SB846,3,107
(a) Advertise or otherwise represent that the person provides broadband
8service unless a service provided by the person is capable of consistently providing
9a minimum download speed of 25 megabits per second and a minimum upload speed
10of 3 megabits per second.
SB846,3,1411
(b) Sell or offer to sell a service that the person represents, to a consumer
12purchasing the service, as being broadband service, unless the service is capable of
13consistently providing that consumer with a minimum download speed of 25
14megabits per second and a minimum upload speed of 3 megabits per second.
SB846,3,1715
(c) Advertise or otherwise represent that the person provides Internet service
16at a specific minimum speed unless a service provided by the person is capable of
17consistently providing that speed.
SB846,3,2018
(d) Sell or offer to sell Internet service that the person represents, to a consumer
19purchasing the service, as being a specific minimum speed, unless the service is
20capable of consistently providing that consumer with that speed.
SB846,4,2
21(2) Broadband labels. No person may sell or offer to sell broadband service in
22this state unless the person makes broadband labels easily available to potential
23consumers and provides a broadband label to every consumer before sale of the
24service to the consumer. A broadband label provided under this subsection shall use
25the templates for consumer labels for broadband service provided by the federal
1communications commission. A broadband label provided under this subsection
2may not contain any misleading or inaccurate information.
SB846,4,8
3(3) Contract termination and refund. If a person makes a sale to a consumer
4in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the
5violation, and the person fails to remedy the violation within one month after
6receiving the notice, the consumer may terminate the consumer's contract with the
7person and receive a refund for all charges and fees that the consumer paid to the
8person.
SB846,5
9Section
5.
Effective date.
SB846,4,1110
(1)
This act takes effect on the first day of the 7th month beginning after
11publication.
