Bill Text: NY A06679 | 2019-2020 | General Assembly | Amended

Bill Title: Requires the public service commission to review broadband and fiber optic services within the state and requires the expansion of broadband and fiber optic services.

Spectrum: Moderate Partisan Bill (Democrat 60-11)

Status: (Engrossed) 2020-07-22 - RETURNED TO ASSEMBLY [A06679 Detail]

Download: New_York-2019-A06679-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 15, 2019

        Introduced   by   M.   of   A.  RYAN,  BURKE,  WALLACE,  SMITH,  D'URSO,
          NELLO,  SIMON,  STEC -- Multi-Sponsored by -- M. of A. ARROYO, CROUCH,
          ENGLEBRIGHT, GALEF, GIGLIO, NOLAN, THIELE -- read once and referred to
          the Committee on Corporations, Authorities and Commissions --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- recommitted to  the  Committee  on  Corpo-
          rations,  Authorities and Commissions in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Ways and  Means  --  reported  and  referred  to  the
          Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN ACT to amend the public  service  law,  in  relation  to  the  public
          service commission reviewing broadband and fiber optic services within
          the state

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "comprehensive broadband connectivity act".
     3    §  2.  Legislative findings. The legislature hereby finds and declares
     4  that access to high-speed internet is a  fundamental  right  and  it  is
     5  incumbent  upon the State to ensure provision of this right to every New
     6  Yorker. Yet many areas of the state  do  not  have  access  to  adequate
     7  broadband  services.  The  lack of competition in the telecommunications

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

        A. 6679--C                          2

     1  marketplace has been a cause of deteriorated service for  customers  and
     2  users  of regulated telephonic and telecommunications services. The lack
     3  of access to adequate internet services for schools,  businesses,  fami-
     4  lies,  and  healthcare  facilities has had substantial negative economic
     5  and social impact  particularly  in  rural  and  other  underserved  and
     6  unserved communities.
     7    §  3.  The public service law is amended by adding a new section 224-c
     8  to read as follows:
     9    § 224-c. Broadband and fiber optic services. 1. For  the  purposes  of
    10  this section:
    11    (a)  The  term  "served" means any location with at least two internet
    12  service providers and at  least  one  such  provider  offers  high-speed
    13  internet service.
    14    (b) The term "underserved" means any location which has fewer than two
    15  internet  service providers, or has internet speeds of at least 25 mega-
    16  bits per second (mbps) download but less than 100 mbps  download  avail-
    17  able.
    18    (c) The term "unserved" means any location which has no fixed wireless
    19  service  or wired service with speeds of 25 mbps download or less avail-
    20  able.
    21    (d) The term "high-speed internet service" means internet  service  of
    22  at least 100 mbps download and at least 10 mbps upload.
    23    (e)  The  term  "broadband  service"  shall  mean a mass-market retail
    24  service that provides the capability to transmit  data  to  and  receive
    25  data  from  all  or substantially all internet endpoints, including  any
    26  capabilities that are incidental to and  enable  the  operation  of  the
    27  communications service, but shall not include dial-up service.
    28    (f)  The  term  "location" shall mean a geographic area smaller than a
    29  census tract.
    30    (g)  The term "internet service provider" shall mean any person, busi-
    31  ness or organization  qualified  to  do  business  in  this  state  that
    32  provides  individuals,  corporations, or other entities with the ability
    33  to connect to the internet.
    34    2. The commission shall  study  the  availability,  affordability  and
    35  reliability  of  high-speed  internet and broadband services in New York
    36  state. The commission shall:
    37    (a) assess the efficacy and make recommendations regarding  levels  of
    38  competition  among  providers,  as  well as any regulatory and statutory
    39  barriers, in order to deliver comprehensive statewide  access  to  high-
    40  speed internet;
    41    (b)  review  available  technology  to  identify  solutions  that best
    42  support high-speed internet service in underserved  or  unserved  areas,
    43  and  make  recommendations  on ensuring deployment of such technology in
    44  underserved and unserved areas;
    45    (c) identify instances where  local  franchise  agreements  and  legal
    46  settlements related to internet access have not been complied with;
    47    (d)  identify locations where insufficient access to high-speed inter-
    48  net and/or broadband service, and/or persistent digital divide, is caus-
    49  ing negative social or economic impact on the community;
    50    (e) identify locations  where  the  commission  believes  fiber  optic
    51  service  is  necessary for the successful implementation of commission's
    52  policies on competition, affordability, and adequate service;
    53    (f) examine any other telecommunications deficiencies affecting broad-
    54  band service it deems necessary to further the economic and social goals
    55  of the state; and

        A. 6679--C                          3

     1    (g) produce, maintain and publish on its website, a detailed  internet
     2  access  map  of  the  state,  indicating  access  to internet service by
     3  location. Such map shall include, but not be limited to,  the  following
     4  information for each location:
     5    (i) download and upload speeds advertised and experienced;
     6    (ii)  the  consistency  and  reliability of download and upload speeds
     7  including latency;
     8    (iii) the types of internet service and technologies available includ-
     9  ing but not limited to dial-up, broadband,  wireless,  fiber,  coax,  or
    10  satellite;
    11    (iv)  the number of internet service providers available, the price of
    12  internet service available; and
    13    (v) any other factors the commission may deem relevant.
    14    3. The commission shall submit a report of its findings and  recommen-
    15  dations  from  the study required in subdivision two of this section, to
    16  the governor, the temporary president of the senate and the  speaker  of
    17  the  assembly  no  later  than one year after the effective date of this
    18  section, and an updated report annually thereafter.  Such  report  shall
    19  include, but not be limited to, the following:
    20    (a)  the overall number of residences with access to high-speed inter-
    21  net identifying which areas are served, unserved and underserved;
    22    (b) a regional survey of internet  service  prices  in  comparison  to
    23  county-level median income;
    24    (c) an analysis of the affordability of high-speed internet service in
    25  New York state;
    26    (d) any relevant usage statistics;
    27    (e)  any  other  metrics or analyses the commission deems necessary in
    28  order to assess  the  availability,  affordability  and  reliability  of
    29  internet service in New York state; and
    30    (f) the map maintained pursuant to paragraph (g) of subdivision two of
    31  this section.
    32    4.  The  commission  shall hold at least four regional public hearings
    33  within one year of the effective date of this section, to solicit  input
    34  from  the  public  and  other  stakeholders including but not limited to
    35  internet service providers, telecommunications concerns, labor organiza-
    36  tions, public safety organizations, healthcare, education,  agricultural
    37  and other businesses or organizations.
    38    5.  The  commission  shall work with internet service providers in the
    39  state to prioritize access to broadband and fiber optic services for the
    40  communities determined to have experienced negative economic and  social
    41  impacts  due  to  absent, insufficient, or inadequate broadband or fiber
    42  optic service pursuant to subdivision one of this section.
    43    6. To effectuate the purposes of  this  section,  the  commission  may
    44  request  and shall receive from any department, division, board, bureau,
    45  commission or other agency of the state or any  state  public  authority
    46  such  assistance,  information and data as will enable the commission to
    47  carry out its powers and duties under this section.
    48    § 4. This act shall take effect on the thirtieth day  after  it  shall
    49  have become a law.