(a) For purposes of this chapter, subject to Subsection (b), “broadband service” means Internet service with the capability of providing a:
(1) speed of not less than 25 megabits per second for a download;
(2) speed of not less than three megabits per second for an upload; and
(3) network round-trip latency of less than or equal to 100 milliseconds based on the 95th percentile of speed measurements.
(b) If the Federal Communications Commission adopts standards for advanced telecommunications capability under 47 U.S.C. § 1302 that are different than those specified by Subsection (a), the comptroller by rule may require Internet service to be capable of matching the federal standards in order to qualify under this chapter as “broadband service.”