California AB 1271

Existing law, the Digital Equity Bill of Rights, provides that it is the principle of the state to ensure digital equity for all residents of the state, that, among other things, residents have access to broadband that meets specific requirements, and provides that it is the policy of the state that, to the extent technically feasible, broadband internet subscribers benefit from equal access to broadband internet service within the service area of a broadband provider. This bill, contingent upon funding for this purpose, would require a broadband internet service provider, on or before January 1, 2027, and annually thereafter, to submit to the Department of Consumer Affairs, or the Department of Broadband and Digital Equity if Assembly Bill 693 of the 2025–26 Regular Session is enacted, a report containing broadband internet access service pricing and speed data that includes, among other information, the advertised speeds offered to consumers and the advertised and total prices paid by consumers. The bill would require the department to publish an annual broadband internet access service affordability and speed report aggregating and analyzing the data submitted by the broadband internet service providers and would require the department to make the data submitted by broadband internet service providers available to the public, as specified. The bill would make a broadband internet service provider that fails to comply with these provisions subject to an administrative penalty not to exceed $1,000 per violation per day until compliance is achieved. This bill would require a broadband internet service provider to establish and maintain a dedicated consumer complaint resolution process that allows consumers to submit complaints via telephone, email, and an online portal, and would require a broadband internet service provider to respond to a complaint within 7 business days and provide a resolution, explanation, or corrective action within a specified timeframe. The bill would prescribe remedies for a consumer if a broadband internet service provider fails to resolve a complaint within the specified timeframe or refuses to act in good faith, including the issuance of a minimum credit of $50 for a complaint that remains unresolved beyond 60 days without valid justification. The bill would require a broadband internet service provider to disclose the complaint resolution process and remedies clearly and conspicuously in its terms of service, in its billing statements, and on its internet website. The bill would require a broadband internet service provider to report complaint statistics to the department, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.