Bill Text: NY S08805 | 2019-2020 | General Assembly | Introduced


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 28-6)

Status: (Enrolled - Dead) 2020-12-29 - delivered to governor [S08805 Detail]

Download: New_York-2019-S08805-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8805

                    IN SENATE

                                      July 17, 2020
                                       ___________

        Introduced  by  Sens.  METZGER, MAY, GALLIVAN, BAILEY, BENJAMIN, BIAGGI,
          BORRELLO, BOYLE,  BROOKS,  CARLUCCI,  GAUGHRAN,  GOUNARDES,  HARCKHAM,
          HELMING,  HOYLMAN,  JACKSON,  JORDAN, KAMINSKY, KENNEDY, KRUEGER, LIU,
          MARTINEZ, MAYER, MYRIE, ORTT, PARKER, PERSAUD, RIVERA, SALAZAR,  SAVI-
          NO, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and
          when printed to be committed 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
     8  marketplace  has  been a cause of deteriorated service for customers and
     9  users of regulated telephonic and telecommunications services. The  lack
    10  of  access  to adequate internet services for schools, businesses, fami-
    11  lies, and healthcare facilities has had  substantial  negative  economic
    12  and  social  impact  particularly  in  rural  and  other underserved and
    13  unserved communities.
    14    § 3. The public service law is amended by adding a new  section  224-c
    15  to read as follows:
    16    §  224-c.  Broadband  and fiber optic services. 1. For the purposes of
    17  this section:
    18    (a) The term "served" means any location with at  least  two  internet
    19  service  providers  and  at  least  one  such provider offers high-speed
    20  internet service.
    21    (b) The term "underserved" means any location which has fewer than two
    22  internet service providers, or has internet speeds of at least 25  mega-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00855-09-0

        S. 8805                             2

     1  bits  per  second (mbps) download but less than 100 mbps download avail-
     2  able.
     3    (c) The term "unserved" means any location which has no fixed wireless
     4  service  or wired service with speeds of 25 mbps download or less avail-
     5  able.
     6    (d) The term "high-speed internet service" means internet  service  of
     7  at least 100 mbps download and at least 10 mbps upload.
     8    (e)  The  term  "broadband  service"  shall  mean a mass-market retail
     9  service that provides the capability to transmit  data  to  and  receive
    10  data  from  all  or substantially all internet endpoints, including  any
    11  capabilities that are incidental to and  enable  the  operation  of  the
    12  communications service, but shall not include dial-up service.
    13    (f)  The  term  "location" shall mean a geographic area smaller than a
    14  census tract.
    15    (g)  The term "internet service provider" shall mean any person, busi-
    16  ness or organization  qualified  to  do  business  in  this  state  that
    17  provides  individuals,  corporations, or other entities with the ability
    18  to connect to the internet.
    19    2. The commission shall  study  the  availability,  affordability  and
    20  reliability  of  high-speed  internet and broadband services in New York
    21  state. The commission shall:
    22    (a) assess the efficacy and make recommendations regarding  levels  of
    23  competition  among  providers,  as  well as any regulatory and statutory
    24  barriers, in order to deliver comprehensive statewide  access  to  high-
    25  speed internet;
    26    (b)  review  available  technology  to  identify  solutions  that best
    27  support high-speed internet service in underserved  or  unserved  areas,
    28  and  make  recommendations  on ensuring deployment of such technology in
    29  underserved and unserved areas;
    30    (c) identify instances where  local  franchise  agreements  and  legal
    31  settlements related to internet access have not been complied with;
    32    (d)  identify locations where insufficient access to high-speed inter-
    33  net and/or broadband service, and/or persistent digital divide, is caus-
    34  ing negative social or economic impact on the community;
    35    (e) identify locations  where  the  commission  believes  fiber  optic
    36  service  is  necessary for the successful implementation of commission's
    37  policies on competition, affordability, and adequate service;
    38    (f) examine any other telecommunications deficiencies affecting broad-
    39  band service it deems necessary to further the economic and social goals
    40  of the state; and
    41    (g) produce, maintain and publish on its website, a detailed  internet
    42  access  map  of  the  state,  indicating  access  to internet service by
    43  location. Such map shall include, but not be limited to,  the  following
    44  information for each location:
    45    (i) download and upload speeds advertised and experienced;
    46    (ii)  the  consistency  and  reliability of download and upload speeds
    47  including latency;
    48    (iii) the types of internet service and technologies available includ-
    49  ing but not limited to dial-up, broadband,  wireless,  fiber,  coax,  or
    50  satellite;
    51    (iv)  the number of internet service providers available, the price of
    52  internet service available; and
    53    (v) any other factors the commission may deem relevant.
    54    3. The commission shall submit a report of its findings and  recommen-
    55  dations  from  the study required in subdivision two of this section, to
    56  the governor, the temporary president of the senate and the  speaker  of

        S. 8805                             3

     1  the  assembly  no  later  than one year after the effective date of this
     2  section, and an updated report annually thereafter.  Such  report  shall
     3  include, but not be limited to, the following:
     4    (a)  the overall number of residences with access to high-speed inter-
     5  net identifying which areas are served, unserved and underserved;
     6    (b) a regional survey of internet  service  prices  in  comparison  to
     7  county-level median income;
     8    (c) an analysis of the affordability of high-speed internet service in
     9  New York state;
    10    (d) any relevant usage statistics;
    11    (e)  any  other  metrics or analyses the commission deems necessary in
    12  order to assess  the  availability,  affordability  and  reliability  of
    13  internet service in New York state; and
    14    (f) the map maintained pursuant to paragraph (g) of subdivision two of
    15  this section.
    16    4.  The  commission  shall hold at least four regional public hearings
    17  within one year of the effective date of this section, to solicit  input
    18  from  the  public  and  other  stakeholders including but not limited to
    19  internet service providers, telecommunications concerns, labor organiza-
    20  tions, public safety organizations, healthcare, education,  agricultural
    21  and other businesses or organizations.
    22    5.  The  commission  shall work with internet service providers in the
    23  state to prioritize access to broadband and fiber optic services for the
    24  communities determined to have experienced negative economic and  social
    25  impacts  due  to  absent, insufficient, or inadequate broadband or fiber
    26  optic service pursuant to subdivision one of this section.
    27    6. To effectuate the purposes of  this  section,  the  commission  may
    28  request  and shall receive from any department, division, board, bureau,
    29  commission or other agency of the state or any  state  public  authority
    30  such  assistance,  information and data as will enable the commission to
    31  carry out its powers and duties under this section.
    32    § 4. This act shall take effect on the thirtieth day  after  it  shall
    33  have become a law.
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