Bill Text: NY A01116 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires that internet providers who provide service in a municipality provide basic internet service to each residential dwelling or residential dwelling unit in that municipality at no cost.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A01116 Detail]

Download: New_York-2023-A01116-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1116

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of  A. JACOBSON, KIM, SIMON, COLTON, EPSTEIN -- read
          once and referred to the Committee on  Corporations,  Authorities  and
          Commissions

        AN  ACT  to  amend the public service law, in relation to requiring that
          internet providers who provide service in a municipality provide basic
          internet service to each residential dwelling or residential  dwelling
          unit in that municipality at no cost

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public service law is amended by adding a  new  section
     2  104-b to read as follows:
     3    §  104-b.  Provision  of  internet services. 1. The provisions of this
     4  section shall apply to every provider of a broadband internet line which
     5  lies wholly within the state and that part within the state of New  York
     6  of  every  broadband  internet  line which lies partly within and partly
     7  without the state and to the persons, entities or  corporations  owning,
     8  leasing or operating any such broadband internet line.
     9    2.  As  used  in  this  section, "internet service provider" means any
    10  person, business, entity or organization qualified  to  do  business  in
    11  this  state  that  provides individuals, corporations, or other entities
    12  within the state with the ability to connect  to  the  internet  through
    13  equipment that is located in this state.
    14    3.  Each internet provider that provides service to customers within a
    15  municipality shall provide basic internet service  to  each  residential
    16  dwelling  or  unit  contained  within  such residential dwelling in that
    17  municipality at no cost to the persons occupying such dwelling or unit.
    18    4. The commission shall promulgate rules and regulations to effectuate
    19  the provisions of this  section,  including,  but  not  limited  to  the
    20  following:
    21    (a)  rules  and  regulations  to  apportion the responsibility of each
    22  provider in the event that a municipality has authorized more  than  one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02986-01-3

        A. 1116                             2

     1  internet  provider  to operate within the geographic area of the munici-
     2  pality; and
     3    (b)  rules  and regulations to ensure such compliance internet service
     4  providers with the provisions of this section.
     5    5. No internet service provider shall assign or transfer liability for
     6  its obligations under this section to any other person, business, entity
     7  or organization or contract for any other person,  business,  entity  or
     8  organization  to  perform  the  internet service provider's duties under
     9  this section without the prior written consent of the commission.
    10    § 2. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law. Effective immediately, the addition,  amend-
    12  ment,  and/or  repeal of any rule or regulation necessary for the imple-
    13  mentation of this act on its effective date are authorized  to  be  made
    14  and completed on or before such effective date.
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