Vermont committee reviews H.11 to add broadband consumer protections, including VoIP backup power

The House Energy and Digital Infrastructure Committee on Jan. 14 reviewed H.11, a bill that would create a new broadband-specific subchapter in chapter 63 of title 9 (the Vermont Consumer Protection Act) aimed at curbing unfair or deceptive broadband practices and protecting consumers.

Maria Royal of the Legislative Council told the committee the bill’s purpose is "to promote a thriving broadband market in Vermont, free of anti competitive, unfair, deceptive, or misleading practices in order to protect the public and to encourage fair and honest competition." She said the proposal covers a wide range of measures—from marketing and pricing transparency to targeted public-safety protections for users of voice-over-Internet Protocol (VoIP).

Why it matters: Royal and committee members said the bill is intended to help Vermonters who have limited provider choices, to prevent providers from advertising services they cannot deliver at a particular location, and to improve state oversight of market behavior. Royal noted the bill would require providers to report accurate availability data so mapping reflects on-the-ground coverage.

Key provisions described by Legislative Council staff include: a net neutrality requirement that would apply broadly to providers in Vermont (extending beyond state contractors), prohibitions on marketing speeds that cannot be met at the customer’s location, reimbursement for installation costs when promised service is not delivered, limits on excessive termination fees, and restrictions on equipment or service fees that do not reasonably correlate with service cost. Royal said the bill would also require providers to submit a consumer 'label'—a concise disclosure of plan costs, fees, available plans, wired and wireless availability, and other market information—so consumers can comparison-shop more easily.

The committee discussed data caps and mapping accuracy. Royal characterized some data caps as "arbitrary" when they are unrelated to network-management needs and noted the Federal Communications Commission in 2024 opened a notice of inquiry on the subject. She emphasized the bill would improve reporting and coordination so the Attorney General’s Office and the Department of Public Service could better track complaints and market harms.

Public-safety and VoIP: H.11 would ask the commissioner of public service to establish a program to monitor health and public-safety risks tied to VoIP, particularly for customers who rely solely on VoIP in areas without line-powered copper service or reliable cell coverage. Royal summarized federal backup-power rules historically: providers in 2015 offered an eight-hour backup option at point of sale and later the FCC required providers to offer a 24-hour backup option. "So this is what they're required to offer or provide to their consumers," she said, and the bill would allow the commissioner to recommend additional backup-power requirements or financial assistance for low-income consumers.

Preemption and next steps: Committee members asked whether state requirements could be preempted by federal law. Representative Kathleen James asked whether the state could "go above and beyond" federal notice requirements for outages and provider transitions. Royal replied that preemption analysis is fact-specific, noting that Congress’s commerce power and FCC rulemaking can limit state authority but that if a state law is narrowly tailored to legitimate local interests it may be permissible. She agreed to research whether Vermont can require broader notice or adopt workarounds such as agency-level notice requirements.

No votes were taken; the committee did not adopt the bill or amendments during the session. Royal said she would follow up with research on federal preemption and on practical options for notice and consumer protections. The committee indicated it would take the information offline and consider next steps at a future meeting.