Bill Text: NY A10475 | 2019-2020 | General Assembly | Introduced

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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: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-05-22 - referred to consumer affairs and protection [A10475 Detail]

Download: New_York-2019-A10475-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10475

                   IN ASSEMBLY

                                      May 22, 2020
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jacobson) --
          read  once  and  referred  to  the  Committee  on Consumer Affairs and
          Protection

        AN ACT to amend the general business 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 general business law is amended by adding a new section
     2  390-d to read as follows:
     3    §  390-d.  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 public service commission  shall  promulgate  rules  and  regu-
    19  lations to effectuate the provisions of this section, including, but not
    20  limited to the 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
    23  internet  provider  to operate within the geographic area of the munici-
    24  pality; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16431-01-0
        A. 10475                            2

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