Amendment vs bill House Committee Amendment, #4263, COM, Adopted vs Engrossed

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HLS 26RS-197 ENGROSSED Regular Session HOUSE BILL NO.
HCAHB798 4463 4263 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed byHouse Committee on Commerce to Original House Bill No.
798 BY REPRESENTATIVE MIKE JOHNSON UTILITIES:
798 by Representative Mike Johnson AMENDMENT NO.
Creates the Broadband and Cable Price Notice Act AN ACT To enact Chapter 12-B of Title 51 of the Louisiana Revised Statutes of 1950, to be comprisedofR.S.
1 On page 1, line 7, after "applicability;" and before "to provide" insert "to provide for severability;" AMENDMENT NO.
51:1381 through 1389, relative to the BroadbandandCablePrice Notice Act;
2 On page 2, line 4, delete "natural" AMENDMENT NO.
to provide for definitions;
3 On page 2, line 5, delete "residential" AMENDMENT NO.
to provide for written notice;
4 On page 2, line 12, delete "residential" AMENDMENT NO.
to provide for method of delivery;
5 On page 2, after line 29, add the following:
to provide for the rights of customers;
"D.
to provide for enforcement;
Anybroadband or cable service provider that complies with applicable federal disclosure requirements, including the FederalCommunications Commission's broadband consumer label requirements, shall be deemed in compliancewith the disclosure requirements of this Chapter, if such disclosures are made available to consumers in this state." AMENDMENT NO.
to provide for authority;
6 On page 3, line 1, change "D." to "E." AMENDMENT NO.
to provide for rulemaking;
7 On page 3, line 21, after "exists," and before "notice" insert "written" AMENDMENT NO.
to provide for applicability;
8 On page 3, line 28, change "51:1384" to "51:1383" AMENDMENT NO.
to provide for severability;
9 On page 5, between lines 7 and 8, insert the following:
to provide for an effective date;
"Section 3.
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Chapter 12-B of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S.
51:1381 through 1389, is hereby enacted to read as follows:
CHAPTER 12-B.
THE BROADBAND AND CABLE PRICE NOTICE ACT §1381.
Short title This Chapter shall be known and maybe cited as the "Broadband and Cable Price Notice Act." §1382.
Definitions (1) "Broadband internet access service" means a mass-market retail service thatprovidesthecapabilityto transmit datatoandreceivedatafromsubstantiallyall internet endpoints, including any functional equivalents.
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HLS 26RS-197 ENGROSSED HB NO.
798 (2) "Cable or video service" means the one-waytransmission to subscribers of video programming or other programming service by a cable operator or video service provider, including services provided pursuant to a state or local franchise.
(3) "Customer" means a person who receives cable or video service or broadband internet access service at a address in this state.
(4) "Price increase" means any increase to a customer's monthly recurring charge or mandatory fee for service, including but not limited to base service charges, equipment rental fees, modem or router fees, "broadcast TV" or "regional sports" network access, or similar surcharges.
"Price increase" does not include taxes or fees imposed by federal, state, or local government.
(5) "Provider" means any person or entity that offers cable or video service or broadband internet access service to customers in this state, whether pursuant to a local franchise, a state-issued certificate, or otherwise.
(6) "Written notice" includes delivery by United States mail, email, or text message, if the customer has elected to receive billing or account communications through that channel.
§1383.
Advance notice required;
timing A.
A provider shall furnish clear and conspicuous written notice to each affected customer at least thirty calendar days before the effective date of any price increase.
B.
When a price increase results from circumstances outside the provider's reasonable control including but not limited to programmer pass-through charges imposed with less than thirty days' notice to the provider, the provider shall give written notice as soon as practicable, but in no event later than the customer's next regular billing cycle after the provider learns of the change.
C.
A customer may cancel or downgrade the affected service without early termination fees or other penalties triggered solely by the price increase, if the customer gives notice of cancellation on or before the effective date or within thirty days after receiving a written notice pursuant to this Section.
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Page 2 of 7 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-197 ENGROSSED HB NO.
798 D.
Any broadband or cable service provider that complies with applicable federal disclosure requirements, including the Federal Communications Commission's broadband consumer label requirements, shall be deemed in compliance with the disclosure requirementsof this Chapter, if such disclosures are made available to consumers in this state.
E.
Nothing in this Section shall be construed to shorten or limit any federal notice requirement that provides greater advance notice for cable service.
§1384.
Content of notice A.
The written notice described in this Chapter shall include all of the following:
(1) The customer's current monthly recurring charges and each new charge and fee, itemized by line item.
(2) The effective date of the increase.
(3) A brief statement of the reason for the increase.
(4) A statement of the customer's right to cancel or downgrade the affected servicewithout earlyterminationfeesorotherpenaltiestriggeredsolelybytheprice increase, provided the customer gives notice of cancellation on or before the effectivedateorwithinthirtydaysafterreceivingawrittennoticeinaccordancewith R.S.
51:1383.
(5) A toll-free telephone number and web address where a customer may obtain additional information or exercise cancellation and downgrade rights.
B.
The written notice outlined in this Chapter shall be sent to a customer separately from any bill from the provider.
§1385.
Method of delivery;
recordkeeping A.
Writtennoticemaybeprovidedbyanychannelthecustomerhasselected for billing or account communications;
if no election exists, written notice shall be sent by United States mail to the service address or billing address on file.
B.
Aprovidershallretainrecordssufficienttodemonstratecompliancewith this Chapter, including samples of notices and logs of the dates and channels used, for two years from the effective date of each price increase.
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HLS 26RS-197 ENGROSSED HB NO.
798 §1386.
Customer rights preserved A.
A provider shall not treat a customer's exerciseof rights pursuant to R.S.
51:1383 as a breach of contract or impose any fee or penalty triggered solely bythe customer's cancellation or downgrade in response to a price increase.
B.
Nothing in this Chapter prohibits a provider from recovering unreturned equipment charges or other amounts lawfully owed that are not early termination fees.
§1387.
Enforcement;
unfair trade practice;
remedies A.
A violation of this Chapter is an unfair or deceptive trade practice in accordancewiththeLouisianaUnfairTradePracticesandConsumerProtectionLaw, R.S.
51:1401 et seq.
B.
The attorney general may investigate and bring actions to enforce this Chapter including civil penalties, injunctive relief, restitution, and attorneys' fees as authorizedbyLouisianaUnfairTradePracticesandConsumerProtectionLaw, R.S.
51:1401 et seq.
C.
The remedies provided by this Chapter are in addition to any other remedies available at law or in equity, including private actions authorized by Louisiana Unfair Trade Practices and Consumer Protection Law, R.S.
51:1401 et seq.
§1388.
Construction;
federal and local law A.
This Chapter is a disclosure and customer-notice requirement only and shall not be construed as rate regulation or to require any specific price, term, or offering.
B.
For cable or video services, this Chapter shall be construed in harmony with federallaw, including47U.S.C.
521etseq.and47CFR 76.1603, and shall not diminish any federal or franchise-authority notice obligations that are equal to or greater than.
C.
Nothing in this Chapter shall limit the authority of a local franchise authority to adopt or enforce customer-service standards or notice provisions, if a Page 4 of 7 CODING:
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HLS 26RS-197 ENGROSSED HB NO.
798 provider that complies with the more stringent applicable requirement is deemed in compliance with this Chapter.
§1389.
Rulemaking The attorney general may promulgate rules under the Administrative Procedure Act to implement the provisions of this Chapter, including rules specifying reasonable notice formats and record keepingstandards.
Section 2.
This Act applies to price increases first noticed to customers on or after the effective date of this Act.
It does not require re-noticing of increases that took effect before the effective date of this Act.
Section 3.
IfanyprovisionofthisActortheapplicationthereofisheldinvalid,such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are herebydeclared severable.
IfanyprovisionofthisActortheapplicationthereofisheldinvalid,such invalidity shall not affect other provisions or applications of this Act which can be given Page 1 of 2 CODING:
Section 6.
This Act shall become effective on January 1, 2027.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative instrument.
The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] HB 798 Engrossed 2026 Regular Session Mike Johnson Abstract:
Creates the Broadband and Cable Price Notice Act.
Proposed law creates the Broadband and Cable Price Notice Act.
Proposed law defines "broadband internet access service", "cable or video service", "customer", "price increase", "provider", and "written notice.
Proposed law requires a provider to furnish clear and conspicuous written notice to each affected customer at least 30 calendar days before the effective date of anyprice increase.
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HLS 26RS-197 ENGROSSED HB NO.
HCAHB798 4463 4263 effect without the invalid provisions or applications, and to this end the provisions of this Act are herebydeclared severable." AMENDMENT NO.
798 Proposed law provides that when a price increase results from circumstances outside the provider's reasonable control, the provider shall give written notice as soon as practicable, but in no event later than the customer's next regular billing cycle after the provider learns of the change.
10 On page 5, line 8, change "Section 3." to "Section 6." Page 2 of 2 CODING:
Proposed law allows a customer to cancel or downgrade the affected service without early termination fees or other penalties triggered solely by the price increase, if the customer gives notice of cancellation on or before the effective date or within 30 days after receiving a written notice pursuant to proposed law.
Proposed law provides that any broadband or cable service provider that complies with applicablefederaldisclosurerequirementsshallbedeemedincompliancewiththedisclosure requirements of proposed law.
Proposed law provides that nothing in proposed law shall be construed to shorten or limit any federal notice requirement that provides greater advance notice for cable service.
Proposedlawoutlineswhatshallbeincludedinthewrittennoticerequiredbyproposedlaw.
Proposed law requires the written notice outlined in proposed law to be sent to a customer separately from any bill from the provider.
Proposedlawallowswrittennoticeto beprovidedbyanychannelthecustomerhasselected for billing or account communications.
Proposed law requires that if no election exists, written notice will be sent by U.S.
mail to the service address or billing address on file.
Proposed law requires that a provider retain certain records.
Proposedlawprovidesthataprovidershallnottreatacustomer'sexerciseofrightspursuant to proposed law as a breach of contract or impose any fee or penaltytriggered solely bythe customer's cancellation or downgrade in response to a price increase.
Proposed law provides that nothing in proposed law prohibits a provider from recovering unreturnedequipmentchargesorotheramountslawfullyowedthatarenotearlytermination fees.
Proposed law provides that a violation of proposed law is an unfair or deceptive trade practice in accordance with the La.
Unfair Trade Practices and Consumer Protection Law and that the attorney general may investigate and bring actions to enforce proposed law including civil penalties, injunctive relief, restitution, and attorneys' fees as authorized by La.
Unfair Trade Practices and Consumer Protection Law.
Proposedlawprovidesthattheremediesprovidedbythisproposedlawareinadditiontoany other remedies available at law or in equity, including private actions authorized by La.
Unfair Trade Practices and Consumer Protection Law.
Proposed law provides that proposed law is a disclosure and customer-notice requirement only and shall not be construed as rate regulation or to require any specific price, term, or offering.
Proposed law provides that for cable or video services, proposed law shall be construed in harmony with federal law and shall not diminish any federal or franchise-authority notice obligations that are equal to or greater than.
Proposed law provides that nothing in proposed law shall limit the authority of a local franchise authority to adopt or enforce customer-service standards or notice provisions, if a provider that complies with the more stringent applicable requirement is deemed in compliance with proposed law.
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HLS 26RS-197 ENGROSSED HB NO.
798 Proposed law allows the attorneygeneral to promulgate rules under the APA to implement the provisions of proposed law.
Proposedlawprovidesthatproposedlawappliestopriceincreasesfirstnoticedtocustomers on or after the effective date of this proposed law.
It does not require re-noticing of increases that took effect before the effective date of this proposed law.
Proposed law provides that disclosures required pursuant to proposed law shall be limited to factual, objective, and non-controversial commercial information reasonably related to the state's interest in preventing consumer deception and promoting transparency.
Proposed law provides that proposed law will apply only to consumer protection and disclosure practices affecting customers within this state and shall not be construed to regulate interstate communications services in a manner inconsistent with federal law.
Proposed law provides for severability.
Effective Jan.
1, 2027.
(Adds R.S.
51:1381-1389) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1.
Make technical changes.
2.
Amend the definition of "customer" and "provider".
3.
Add that anybroadband or cable service provider that complies with applicable federal disclosure requirements shall be deemed in compliance with the disclosure requirements of proposed law, if such disclosures are made available to consumers in this state.
4.
Clarify the type of notice that is sent.
5.
Clarify which portion of proposed law is relevant to the customer's exercise of rights.
6.
Provide that disclosures required pursuant to proposed law shall be limited to factual, objective, and non-controversial commercial information reasonably related to the state's interest in preventing consumer deception and promoting transparency.
7.
Providethatproposedlawshallapplyonlytoconsumerprotectionanddisclosure practices affecting customers within this state and shall not be construed to regulateinterstatecommunicationsservicesinamannerinconsistentwithfederal law.
8.
Provide for severability.
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