cable lobby

california-bill-lets-renters-escape-exclusive-deals-between-isps-and-landlords

California bill lets renters escape exclusive deals between ISPs and landlords


Opt-out from bulk billing

Bill author says law “gives this industry an opportunity to treat people fairly.”

Credit: Getty Images | Yuichiro Chino

California’s legislature this week approved a bill to let renters opt out of bulk-billing arrangements that force them to pay for Internet service from a specific provider.

The bill says that by January 1, a landlord must “allow the tenant to opt out of paying for any subscription from a third-party Internet service provider, such as through a bulk-billing arrangement, to provide service for wired Internet, cellular, or satellite service that is offered in connection with the tenancy.” If a landlord fails to do so, the tenant “may deduct the cost of the subscription to the third-party Internet service provider from the rent,” and the landlord would be prohibited from retaliating.

The bill passed the state Senate in a 30–7 vote on Wednesday but needs Gov. Gavin Newsom’s signature to become law. It was approved by the state Assembly in a 75–0 vote in April.

Assemblymember Rhodesia Ransom, a Democratic lawmaker who authored the bill, told Ars today that lobby groups for Internet providers and real estate companies have been “working really hard” to defeat it. But she expects Newsom will approve.

“I strongly believe that the governor is going to look at what this bill provides as far as protections for tenants and sign it into law,” Ransom said in a phone interview.

“Just treat people fairly”

Ransom disputed claims from lobby groups that bulk billing reduces Internet prices for tenants.

“This is kind of like a first step in trying to give this industry an opportunity to just treat people fairly. It’s not super restrictive. We are not banning bulk billing. We’re not even limiting how much money the people can make. What we’re saying here with this bill is that if a tenant wants to opt out of the arrangement, they should be allowed to opt out,” she said.

A stricter bill could have told landlords that “you can’t charge the customer more than you’re paying. We could have put a cap on the amount that you’re able to charge,” she said. “There’s so many other things that we could have done that would’ve been a lot less business-friendly. But the goal was not to harm business, the goal was to help people.”

In theory, bulk billing could reduce prices for tenants if discounts negotiated between landlords and Internet providers were passed on to renters. But, Ransom said, “where there would be an opportunity for these huge discounts to be passed on to tenants, it’s not happening. We know of thousands of tenants across the state who are in landlord-tenant agreements where the landlord is actually adding an additional bonus for themselves, pocketing change, and not passing the discount on to the tenants… once we started working on this bill, we started to hear more and more about places where people were stuck in these agreements and their landlords were not letting them out.”

Ransom said not all landlords do this and that it is generally “the large corporate landlords” who own hundreds or thousands of properties that “were the ones who were reluctant to let their tenants out.”

State bill similar to abandoned FCC plan

California’s action comes about eight months after the Federal Communications Commission abandoned a proposal to give tenants the right to opt out of bulk billing for Internet service. The potential federal action was proposed in March 2024 by then-FCC Chairwoman Jessica Rosenworcel, but nixed in January 2025 by Chairman Brendan Carr.

Bulk billing contracts are only banned by the FCC when they give a provider the exclusive right to access and serve a building. Despite that restriction, a bulk billing deal between an ISP and landlord can make it less financially feasible for other providers to serve a multi-unit building. Letting people opt out of bulk billing arrangements makes serving a building at least slightly more viable for a competing provider.

Ransom said the FCC action “was very unfortunate” and “give[s] a disadvantage to people who are already at the mercy of landlords.”

Cable lobby calls it an “anti-affordability bill”

The California bill was not welcomed by lobby groups for Internet providers and landlords. The California Broadband & Video Association, which represents cable companies, paid for a sponsored commentary in several news publications to express its opposition.

“AB 1414 is an anti-affordability bill masked as consumer protection, and it will only serve to widen the digital divide in California,” wrote the lobby group’s CEO, Janus Norman.

Norman complained that property owners would have “to provide a refund to tenants who decline the Internet service provided through the building’s contract with a specific Internet service provider.” He argued that without bulk billing, “low-income families and tenants risk losing access altogether.”

Letting tenants opt out of bulk deals “undermines the basis of the cost savings and will lead to bulk billing being phased out,” Norman wrote. This “will result in higher bills for everyone, including those already struggling,” he claimed.

“The truth, very simply, is this: bulk billing is good for consumers,” the cable industry commentary said. “Taking away bulk discounts raises total housing costs when Californians can least afford it.”

The bill also drew opposition from the Real Estate Technology & Transformation Center (RETTC). The group’s sponsors include real estate companies and Internet providers AT&T, Comcast, and Cox. Another notable sponsor of RETTC is RealPage, which has faced claims from the US government and state attorneys general that its software distorts competition in rental housing by helping landlords collectively set prices.

“AB 1414 introduces an opt-out requirement that would fundamentally undermine the economics of bulk billing,” the RETTC said. “By fragmenting service, it could destabilize networks and reduce the benefits residents and operators rely on today.” The group claimed the bill could lead to “higher broadband costs for renters, reduced ISP investment in multifamily housing, disruption of property-wide smart technology, [and] widening of the digital divide in California.”

The RETTC said it joined with the National Apartment Association and the California Rental Housing Association to detail the groups’ concerns directly to the bill sponsors.

Wireless providers could get a boost

The California Broadband & Video Association seems to be worried about wireless providers serving buildings wired up with cable. The group’s commentary claimed that “the bill’s lack of technology neutrality also creates winners and losers, granting certain types of providers an unfair advantage over their competitors.”

Ransom said her bill may be especially helpful for wireless or satellite providers because they wouldn’t need to install wires in each building.

“This does help with market competition, and in fact some of our support came from some of the smaller Internet service providers… and because this bill is technology-neutral, it helps with not only the current technology, but any new technology that comes out,” she said.

While Ransom’s bill could help make broadband more affordable for renters, California lawmakers recently abandoned a more aggressive effort to require affordable broadband plans. Assemblymember Tasha Boerner proposed a state law that would force Internet service providers to offer $15 monthly plans to people with low incomes but tabled the bill after the Trump administration threatened to block funding for expanding broadband networks.

Photo of Jon Brodkin

Jon is a Senior IT Reporter for Ars Technica. He covers the telecom industry, Federal Communications Commission rulemakings, broadband consumer affairs, court cases, and government regulation of the tech industry.

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Cable ISPs compare data caps to food menus: Don’t make us offer unlimited soup

“Commenters have clearly demonstrated how fees and overage charges, unclear information about data caps, and throttling or caps in the midst of public crises such as natural disasters negatively affect consumers, especially consumers in the lowest income brackets,” the filing said.

The groups said that “many low-income households have no choice but to be limited by data caps because lower priced plan tiers, the only ones they can afford, are typically capped.” Their filing urged the FCC to take action, arguing that federal law provides “ample rulemaking authority to regulate data caps as they are an unjustified, unreasonable business practice and unreasonably discriminate against low-income individuals.”

The filing quoted a December 2023 report by nonprofit news organization Capital B about broadband access problems faced by Black Americans in rural areas. The article described Internet users such as Gloria Simmons, who had lived in Devereux, Georgia, for over 50 years.

“But as a retiree on a fixed income, it’s too expensive, she says,” the Capital B report said. “She pays $60 a month for fixed wireless Internet with AT&T. But some months, if she goes over her data usage, it’s $10 for each additional 50 gigabytes of data. If it increases, she says she’ll cancel the service, despite its convenience.”

Free Press: “inequitable burden” for low-income users

Comments filed last month by advocacy group Free Press said that some ISPs don’t impose data caps because of competition from fiber-to-the-home (FTTH) and fixed wireless services. Charter doesn’t impose caps, and Comcast has avoided caps in the Northeast US where Verizon’s un-capped FiOS fiber-to-the-home service is widely deployed, Free Press said.

“ISPs like Cox and Comcast (outside of its northeast territory) continue to show that they want their customers to use as much data as possible, so long as they pay a monthly fee for unlimited data, and/or ‘upgrade’ their service with an expensive monthly equipment rental,” Free Press wrote. “Comcast’s continued use of cap-and-fee pricing is particularly egregious because it repeatedly gloats about how robust its network is relative to others in terms of handling heavy traffic volume, and it does not impose caps in the parts of its service area where it faces more robust FTTH competition from FTTH providers.”

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cable-tv-companies-tell-fcc:-early-termination-fees-are-good,-actually

Cable TV companies tell FCC: Early termination fees are good, actually

A stack of $1 bills getting blown off a person's hand.

Getty Images | Jeffrey Coolidge

Cable and satellite TV companies are defending their early termination fees (ETFs) in hopes of avoiding a ban proposed by the Federal Communications Commission.

The FCC voted to propose the ban in December, kicking off a public comment period that has drawn responses from those for and against the rules. The FCC plan would prohibit early termination fees charged by cable and satellite TV providers and require the TV companies to give prorated credits or rebates to customers who cancel before a billing period ends.

NCTA-The Internet & Television Association, the main lobby group representing cable companies like Comcast and Charter, opposed the rules in a filing submitted Monday and posted on the FCC website yesterday. DirecTV and Dish opposed the proposal, too.

The NCTA claimed that banning early termination fees would hurt consumers. “Discounted plans with ETFs are an advantageous choice for some consumers,” the lobby group said. The NCTA said the video industry is “hyper-competitive,” and that it is easy for customers to switch providers.

“In response to these marketplace realities, some cable operators offer discounts for consumers who choose to agree to remain customers for a longer term,” the NCTA said. “Longer subscriber commitments decrease a cable operator’s subscriber acquisition costs and provide a more predictable revenue stream, which in turn enables a cable operator to offer discounted monthly rates.”

Cable companies also recently urged the US to scrap a “click-to-cancel” regulation that aims to make it easier for consumers to cancel services.

NCTA opposes partial-month credits, too

TV providers will be less likely to offer discounts to long-term customers if they are unable to impose early termination fees on those who want to cancel before a contract expires, the NCTA said. Customers who don’t want the possibility of an ETF can just choose a month-to-month plan, the NCTA argued.

The NCTA also defended whole-month billing in cases where customers cancel partway through a month. Whole-month billing “is the norm for many other common services, including gym memberships, gaming subscriptions, and online publications,” the NCTA said.

Taken together, “prohibiting ETFs and whole-month billing would increase prices and impair competition, to consumers’ detriment,” the NCTA claimed. The NCTA also claims the proposal amounts to rate regulation and is not allowed under the FCC’s legal authority to “establish standards by which cable operators may fulfill their customer service requirements.”

The proposed “ban on ETFs and a proration requirement are not ‘customer service requirements’ by any common understanding of the term,” the NCTA said.

The FCC proposal said that “customer service” isn’t defined in the 1984 Cable Act, but that the legislative history suggests the term includes rebates, credits, and other aspects of the relationship between providers and customers.

“Although section 632 specifies certain topics that must be addressed in the Commission’s cable customer service rules, such as ‘communications between the cable operator and the subscriber (including standards governing bills and refunds),’ the list is not exhaustive,” the FCC said. “Because section 632(b) states that the standards must address these topics ‘at a minimum,’ the Commission has broad authority to adopt customer service requirements beyond those enumerated in the statute.”

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