Commercial Law - Broadband Access - Low-Income Consumer Programs (Maryland Broadband Opportunity and Fairness Act)
Summary
HB382, the Maryland Broadband Opportunity and Fairness Act, requires certain broadband providers in Maryland to create low-income consumer programs by December 1, 2026. Providers with 10,000 or more customers must offer at least one low-cost broadband option to eligible low-income households, with minimum service standards for speed, data allowance, and latency, and with limits on outages and price increases. The bill also prohibits requiring automatic payment enrollment as a condition of eligibility and requires providers to allow stand-alone broadband or bundled service options.
The bill directs providers to make program availability and enrollment procedures prominently available and to use commercially reasonable efforts to advertise these offerings. It also requires annual compliance reports to the Office of Statewide Broadband and gives the Office authority to exempt smaller providers serving fewer than 20,000 households if compliance would create an unreasonable or unsustainable financial burden. In addition, the bill creates a Broadband Affordability Advisory Board to help define a federally approved low-cost broadband option and ties violations of the subtitle to Maryland’s unfair, abusive, or deceptive trade practices law.
Impact
HB382 amends Maryland’s Commercial Law and Housing and Community Development articles by adding a new broadband affordability subtitle, expanding the Office of Statewide Broadband’s duties, and making violations enforceable under the state’s consumer protection laws. It also requires the Office to incorporate low-income broadband data into its reporting and mapping functions, and to evaluate whether speed and eligibility standards should be updated over time. The bill affects large broadband providers, low-income consumers, and the Office of Statewide Broadband, while allowing limited exemptions for smaller providers.
Sentiment
The bill appears to have generally favorable support in the House, passing third reading 91-33 after receiving a favorable committee report with amendments. The vote margin suggests broad but not unanimous backing, with some opposition remaining. No committee transcript was provided, so the available record shows support for expanding broadband affordability protections, tempered by concerns reflected in the negative votes.
Contention
The main points of contention are likely the regulatory and financial burdens placed on broadband providers, especially the requirement to offer a low-cost plan with specified performance standards and reporting obligations. The bill addresses this concern by allowing the Office to exempt smaller providers if compliance would be financially unsustainable, but the exemption is limited and discretionary. Another likely issue is the balance between consumer affordability and provider flexibility, including limits on price increases, advertising mandates, and the requirement to maintain comparable terms and conditions for low-income plans.