Sec. 16-330h. Net Equality Program.
Sec. 16-331bb. Municipal video competition trust account.
Sec. 16-331hh. Transfer from municipal video competition trust account to General Fund.
Sec. 16-330h. Net Equality Program. (a) As used in this section:
(1) “Affordable broadband Internet access service” means broadband Internet access service that (A) costs not more than the amount established in subsection (g) of this section, and (B) meets the minimum speed requirements set forth in subsection (h) of this section;
(2) “Broadband Internet access service” has the same meaning as provided in section 16-330a;
(3) “Broadband Internet access service provider” has the same meaning as provided in section 16-330a;
(4) “Eligible household” means a household (A) in which at least one resident is an eligible individual, and (B) that is located within a qualified broadband Internet access service provider's service territory in this state;
(5) “Eligible individual” means an individual who is enrolled in a qualified public assistance program;
(6) “Person” means an individual, corporation, business trust, estate trust, partnership, association, joint venture or any other legal or commercial entity;
(7) “Qualified broadband Internet access service provider” means a broadband Internet access service provider that is doing business in this state and with any state agency, including, but not limited to, through a procurement contract;
(8) “Qualified public assistance program” means (A) the supplemental nutrition assistance program administered by the Department of Social Services pursuant to the Food and Nutrition Act of 2008, as amended from time to time, and (B) any public assistance program recognized by a qualified broadband Internet access service provider for the purpose of determining eligibility for the qualified broadband Internet access service provider's existing low-income broadband Internet access service program; and
(9) “State agency” has the same meaning as provided in section 1-79, but does not include the Department of Emergency Services and Public Protection.
(b) Not later than September 30, 2026, the Commissioner of Energy and Environmental Protection shall, for the purposes set forth in this section, develop, establish and administer a program that shall be known as the “Net Equality Program”.
(c) As part of the program established pursuant to subsection (b) of this section, and beginning on October 1, 2026, each qualified broadband Internet access service provider shall allow any individual who resides in an eligible household that is located within such qualified broadband Internet access service provider's service territory in this state to submit to such qualified broadband Internet access service provider a request to subscribe to affordable broadband Internet access service provided by such qualified broadband Internet access service provider.
(d) On and after October 1, 2026, each qualified broadband Internet access service provider shall make a commercially reasonable effort to raise public awareness regarding the availability of the affordable broadband Internet access service such qualified broadband Internet access service provider offers to eligible households located within such qualified broadband Internet access service provider's service territory in this state. Such effort shall include, but need not be limited to, posting the enrollment procedures for such qualified broadband Internet access service in a prominent and publicly accessible location on such qualified broadband Internet access service provider's Internet web site.
(e) Not later than February 1, 2027, and annually thereafter, each qualified broadband Internet access service provider shall submit to the Department of Energy and Environmental Protection, in a form and manner prescribed by the Commissioner of Energy and Environmental Protection, a report disclosing:
(1) The number of eligible households that signed up for affordable broadband Internet access service provided by such qualified broadband Internet access service provider during the year that is the subject of the report; and
(2) The total number of eligible households that received affordable broadband Internet access service provided by such qualified broadband Internet access service provider during the year that is the subject of such report.
(f) As part of the program established pursuant to subsection (b) of this section, the Department of Energy and Environmental Protection shall explore options to establish and advance strategic and effective public-private partnerships.
(g) (1) Except as provided in subdivision (2) of this subsection, the monthly cost, including all taxes, charges and fees, charged by a qualified broadband Internet access service provider to an eligible household for affordable broadband Internet access service provided pursuant to this section, including all equipment associated with such affordable broadband Internet access service, shall not exceed forty dollars.
(2) Not later than June 1, 2027, and annually thereafter, the Department of Energy and Environmental Protection shall adjust the maximum monthly cost that a qualified broadband Internet access service provider may charge to an eligible household for affordable broadband Internet access service provided pursuant to this section during the twelve-month period beginning on July first of the same calendar year in accordance with any change in the consumer price index for the preceding calendar year, as published by the United States Department of Labor, Bureau of Labor Statistics.
(h) (1) Except as provided in subdivisions (2) and (3) of this subsection, all affordable broadband Internet access service provided pursuant to this section shall:
(A) During the period beginning October 1, 2026, and ending September 30, 2027, provide speeds that are at least as fast as (i) one hundred megabits per second downstream, and (ii) five megabits per second upstream;
(B) On and after October 1, 2027, provide speeds that are at least as fast as (i) one hundred megabits per second downstream, and (ii) twenty megabits per second upstream; and
(C) Speeds and latencies that are sufficient to support distance learning and telehealth services.
(2) Beginning on June 1, 2030, and not more frequently than biennially thereafter, the Department of Energy and Environmental Protection may, in consultation with the department's Bureau of Energy and Technology and the Commission for Educational Technology, increase the minimum speeds set forth in subparagraph (B) of subdivision (1) of this subsection for the two-year period beginning on July first of the same calendar year. The department, bureau and commission shall post such increased speeds on the department's, bureau's and commission's Internet web sites.
(3) (A) Except as provided in subparagraph (B) of this subdivision, the Department of Energy and Environmental Protection may authorize or require a deviation from the requirements established in this subsection for the purpose of complying with applicable state law, federal law or elements of the department's federally subsidized broadband programs that are included in federal applications, made public or negotiated with bidders on or before June 30, 2025.
(B) The department shall not authorize or require any deviation from the requirements established in this subsection to allow any affordable broadband Internet access service provided pursuant to this section to provide speeds that are slower than the speeds set forth in subparagraph (A) or (B) of subdivision (1) of this subsection or established by the department, in consultation with the department's Bureau of Energy and Technology and the Commission for Educational Technology, pursuant to subdivision (2) of this subsection, whichever speeds are faster.
(i) Beginning on January 31, 2027, any state agency proposing to enter into a contract for the purchase of broadband Internet access service shall, all other factors being equal, give preference to a qualified broadband Internet access service provider that offers affordable broadband Internet access service to eligible households pursuant to this section.
(j) The provisions of subsections (a) to (i), inclusive, of this section shall not be construed to impair any contract that is in existence on October 1, 2026.
(k) Notwithstanding any provision of the general statutes, no violation of this section shall be deemed an unfair method of competition or an unfair or deceptive act or practice in the conduct of any trade or commerce pursuant to subsection (a) of section 42-110b.
(P.A. 25-113, S. 1.)
History: P.A. 25-113 effective July 1, 2025.
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Sec. 16-331bb. Municipal video competition trust account. Section 16-331bb is repealed, effective July 1, 2025.
(P.A. 07-253, S. 25; Sept. Sp. Sess. P.A. 09-7, S. 52; P.A. 25-168, S. 445.)
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Sec. 16-331cc. Public, educational and governmental programming and education technology investment account. Tax. Penalty and interest. One-time transfer. (a) There is established an account to be known as the “public, educational and governmental programming and education technology investment account”, which shall be a separate, nonlapsing account. The account shall contain any moneys required by law to be deposited in the account and any interest or penalties collected by the Commissioner of Revenue Services pursuant to subdivision (2) of subsection (c) of this section.
(b) The moneys in said account shall be expended by the Public Utilities Regulatory Authority as follows: (1) Fifty per cent of said moneys shall be available to local community antenna television and video advisory councils; the state-wide video advisory council; public, educational and governmental programmers and public, educational and governmental studio operators to subsidize capital and equipment costs related to producing and procuring such programming, and (2) fifty per cent of said moneys shall be available to boards of education and other education entities for education technology initiatives.
(c) (1) The account shall be supported solely through a tax equal to one-half of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2007, and before October 1, 2009, and a tax equal to one-quarter of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2009, by each person operating a community antenna television system under this chapter or a certified competitive video service pursuant to sections 16-331e to 16-331p, inclusive, and each person operating a business that provides one-way transmission to subscribers of video programming by satellite. Such tax for a quarterly period shall be remitted to the Department of Revenue Services, on or before the last day of the month next succeeding the quarterly period, on a form prescribed by the Commissioner of Revenue Services, which form shall be signed by the person performing the duties of treasurer or an authorized agent or officer. For the purposes of this section, gross earnings in this state shall be determined in a manner consistent with chapter 211.
(2) The amount of any tax due and unpaid under this section shall be subject to the penalties and interest established in sections 12-268d and 12-268e, and the taxpayer from which such tax is due and unpaid shall be subject to the administrative provisions of sections 12-268f, 12-268g, 12-268i and 12-268l. The amount of any tax, penalty or interest due and unpaid under this section may be collected under the provisions of section 12-35.
(d) On or before October 1, 2007, the Public Utilities Regulatory Authority shall initiate a contested case proceeding to establish eligibility requirements and procedures for applying for allocations from the account. On or before April 1, 2008, the authority shall issue a final decision in the contested case proceeding. Such decision shall include any recommendations to the Governor and the General Assembly that the authority deems necessary with regard to the ongoing operation of the account.
(e) For purposes of this section, a holder of a certificate of cable franchise authority pursuant to section 16-331p shall be treated as a person operating a community antenna television system pursuant to this chapter and community antenna television service shall include service provided by a holder of a certificate of cable franchise authority pursuant to section 16-331p.
(f) The Comptroller shall deposit into the public, educational and governmental programming and education technology investment account, established pursuant to this section, the total of the tax imposed on community antenna television service, video programming service by satellite and certified competitive video service pursuant to this section.
(g) When the balance of said account reaches more than one hundred fifty thousand dollars, the authority shall make a one-time transfer of one hundred fifty thousand dollars to the Office of Legislative Management for expenses related to the allowance of interconnection of the Connecticut Television Network with a certified competitive video service provider, as defined in section 16-1, for the purpose of making the Connecticut Television Network available to such provider's customers.
(P.A. 07-253, S. 33, 43; June Sp. Sess. P.A. 07-5, S. 9; Sept. Sp. Sess. P.A. 09-7, S. 183; P.A. 11-80, S. 1; P.A. 13-299, S. 17; P.A. 17-147, S. 40; P.A. 25-110, S. 54.)
History: P.A. 07-253, S. 33, codified as Subsecs. (a) to (e), effective July 1, 2007, and S. 43, codified as Subsec. (f), effective October 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (a) to reference any interest or penalties collected pursuant to Subsec. (c)(2), inserted Subdiv. designators in Subsec. (c), amended Subsec. (c)(1) to reference “quarterly periods” and delete references to the fiscal year, require tax to be remitted on or before the last day of month next succeeding the quarterly period, on a form signed by the person performing duties of treasurer or an authorized agent or officer, and substitute “gross earnings” for “gross receipts”, and inserted Subsec. (c)(2) re interest and penalties on tax due and unpaid, effective October 6, 2007; Sept. Sp. Sess. P.A. 09-7 added Subsec. (g) re one-time transfer, effective October 5, 2009; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011; P.A. 13-299 amended Subsec. (b)(1) to delete reference to state-wide community antenna television advisory council, effective July 1, 2013; P.A. 17-147 amended Subsec. (c)(2) to add reference to Sec. 12-268e and add provision re administrative provisions to which taxpayer from which tax is due and unpaid shall be subject, effective July 7, 2017; P.A. 25-110 amended Subsec. (a) to delete reference to General Fund, effective July 1, 2025.
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Sec. 16-331hh. Transfer from municipal video competition trust account to General Fund. Section 16-331hh is repealed, effective July 1, 2025.
(P.A. 15-244, S. 98; June Sp. Sess. P.A. 17-2, S. 679; P.A. 25-168, S. 445.)
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