HB 1578-FN - AS INTRODUCED
HOUSE BILL 1578-FN
SPONSORS: Rep. Roy, Rock. 32
COMMITTEE: Commerce and Consumer Affairs
This bill requires Internet access providers to reimburse customers for interruptions in service and makes the failure to do so a violation of the Consumer Protection Act.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
XVIII. Failing to reimburse customers for interruptions in Internet access services when engaged in the business of providing such service in the state of New Hampshire.
(a) Reimbursement for the day shall be required for any interruption in service for reasons not attributable to customer action or customer owned equipment that is solely under the control of the customer: (1) when service disconnects for a period of 4 hours or more; or (2) when service disconnects more than 6 times between the hours of 9 AM and 5 PM or when service disconnects more than 10 times in a 24 hour period, regardless of the length of interruption, tolled from 12 AM to 12 AM. Reimbursement for a half day shall be required for any interruption in service for reasons not attributable to customer action or customer owned equipment that is solely under the control of the customer when the service disconnects for longer than 15 minutes but less than 4 hours. When calculating reimbursement, service providers shall use the monthly base fee for whatever package the customer is subscribed to and divide that amount by the number of days in the entire billing period. There shall be no exemption from the reimbursement requirements of this section for "acts of God" or any other reason that is not the fault of the customer as explained above.
(b) In this paragraph, "Internet access services" mean services that enable users to access Internet content, and may also include access to proprietary content, applications, and other services as part of a package of services offered to users. "Internet access service" shall not include telecommunications services, except to the extent that telecommunications services are purchased, used, or sold by a provider of Internet access to provide Internet access.
HB 1578-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
This bill would expand RSA 358-A:2 by requiring any business providing Internet service in New Hampshire to reimburse customers for certain interruptions in service. Reimbursement would be required only when service disconnects for a period of 4 hours or more, or when service disconnects more than 6 times between the hours of 9 AM and 5 PM, or when service disconnects more than 10 times in a 24 hour period, tolled from 12 AM to 12 AM. The bill would make failure to reimburse customers in the above circumstances a violation of RSA 358-A:2. The bill would only require reimbursement if the interruption was not attributable to customer action or customer owned equipment. The Consumer Protection and Antitrust Bureau of the Department of Justice has exclusive authority to bring enforcement actions under RSA 358-A:2. The Department of Justice indicates the bill would result in an increased number of investigations and/or prosecutions by the Department. Because the degree of increase cannot be estimated, the fiscal impact is indeterminate.
Department of Justice
|Jan. 22, 2020||House||Hearing|
|Feb. 18, 2020||House||Exec Session|
|March 11, 2020||House||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and referred to Commerce and Consumer Affairs HJ 1 P. 27|
|Jan. 22, 2020||Public Hearing: 01/22/2020 02:30 pm LOB 302|
|Feb. 7, 2020||Subcommittee Work Session: 02/07/2020 10:00 am LOB 302|
|Feb. 18, 2020||Executive Session: 02/18/2020 04:31 pm LOB 302|
|Committee Report: Inexpedient to Legislate (Vote 19-0; CC)|
|March 11, 2020||Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 19-0; CC) HC 10 P. 7|
|March 11, 2020||Inexpedient to Legislate: MA VV 03/11/2020 HJ 7 P. 8|