Bill Text: NY A01756 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to establishing regional broadband planning grants
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A01756 Detail]
Download: New_York-2009-A01756-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1756 2009-2010 Regular Sessions I N A S S E M B L Y January 12, 2009 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the executive law, in relation to establishing regional broadband planning grants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new article 7-B to 2 read as follows: 3 ARTICLE 7-B 4 REGIONAL BROADBAND PLANNING GRANTS 5 SECTION 178. LEGISLATIVE FINDINGS AND INTENT. 6 178-A. BROADBAND GRANTS. 7 S 178. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS AND 8 DECLARES THAT THE TELECOMMUNICATIONS ACT OF 1996 WAS DESIGNED TO FOSTER 9 COMPETITION IN THE TELECOMMUNICATIONS INDUSTRY, LOWERING PRICES AND 10 IMPROVING SERVICES. UNFORTUNATELY, LONG DISTANCES BETWEEN CITIES AND LOW 11 POPULATION DENSITIES DELAY DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS IN 12 RURAL AREAS. A "DIGITAL DIVIDE" EXISTS IN NEW YORK STATE BETWEEN PRIMA- 13 RILY URBAN AND RURAL AREAS. TELECOMMUNICATION COMPANIES HAVE FOCUSED 14 MOST OF THEIR INITIAL BROADBAND OPTICAL FIBER, CELLULAR, AND SATELLITE 15 DISH INVESTMENTS IN THE MOST POPULATED AREAS OF THE STATE WHERE THE 16 RETURN ON THAT INVESTMENT IS GREATEST. CONSEQUENTLY, MANY RURAL COMMUNI- 17 TIES MAY NOT HAVE ACCESS TO ADVANCED HIGH-SPEED INTERNET ACCESS. THE 18 LACK OF SUCH ACCESS CAN BE AN IMPEDIMENT IN THE EFFORT TO RECRUIT AND 19 RETAIN BUSINESS AND JOBS. WHILE A NUMBER OF PROPOSALS HAVE BEEN ADVANCED 20 TO ADDRESS THIS ISSUE, IT IS APPARENT THAT THERE IS NOT AN EXISTING 21 BASELINE DATA TO SERVE AS A GUIDE FOR DECISION-MAKING. 22 THE LEGISLATURE FURTHER FINDS THAT IT IS UP TO INDIVIDUAL JURISDIC- 23 TIONS TO DO THEIR OWN TELECOMMUNICATION ASSESSMENTS TO DETERMINE WHERE 24 HIGH-SPEED INTERNET ACCESS EXISTS. A FEW COUNTIES HAVE BEGUN THIS PROC- 25 ESS. THIS LEGISLATION IS NECESSARY TO DETERMINE WHERE TELECOMMUNICATION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04132-01-9 A. 1756 2 1 INFRASTRUCTURE CURRENTLY EXISTS AND WHERE INVESTMENTS NEED TO BE MADE IN 2 THE FUTURE. 3 S 178-A. BROADBAND GRANTS. 1. ANY ECONOMIC DEVELOPMENT ORGANIZATION 4 CONDUCTING TELECOMMUNICATIONS ASSESSMENTS FOR THE COUNTY IN WHICH SUCH 5 ORGANIZATION IS LOCATED SHALL RECEIVE A STATE GRANT IN AN AMOUNT EQUAL 6 TO THE CONTRIBUTION TO SUCH ORGANIZATION BY SUCH COUNTY, PROVIDED, 7 HOWEVER, THAT THE CUMULATIVE AMOUNT OF SUCH GRANTS GIVEN TO ORGANIZA- 8 TIONS IN ANY ONE COUNTY SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS. 9 2. THE PURPOSE OF THESE GRANTS IS TO: 10 (A) IDENTIFY AREAS WITHIN THE COUNTY THAT ARE NOT SERVED BY HIGH-SPEED 11 INTERNET ACCESS. 12 (B) DETERMINE WHERE HIGH-SPEED INTERNET ACCESS HAS BEEN DEPLOYED AND 13 TO DETERMINE AN INVENTORY OF THE KINDS OF TECHNOLOGY THAT ARE IN PLACE 14 WITHIN SUCH COUNTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 15 (I) LOCAL EXCHANGE CARRIER CHARACTERISTICS, INCLUDING SERVICE AREA, 16 CENTRAL OFFICES, EQUIPMENT, SERVICES, AND COST OF SERVICE; 17 (II) TELECOMMUNICATIONS NETWORK CHARACTERISTICS, INCLUDING INTEROFFICE 18 BACKBONES, WIDE-AREA NETWORKS, AND LOCAL-AREA NETWORKS; 19 (III) LONG DISTANCE SERVICES; 20 (IV) THE ABILITY TO RECEIVE TELEVISION AND VIDEO SIGNALS, INCLUDING 21 PUBLIC AND PRIVATE CABLE, SATELLITE LINKS, AND INTERACTIVE VIDEO; 22 (V) THE ABILITY TO RECEIVE WIRELESS TRANSMISSIONS, INCLUDING CELLULAR, 23 PERSONAL COMMUNICATION SERVICES, OR DIGITAL WIRELESS; 24 (VI) INTERNET SERVICE PROVIDER CHARACTERISTICS, INCLUDING LOCAL DIAL- 25 UP ACCESS, THE NUMBER OF MODEM LINES AND THEIR RELATIVE SPEEDS, THE 26 NUMBER OF LINES DEDICATED FOR INTERNET SERVICE PURPOSES, AND THE VARIETY 27 AND COSTS OF SERVICES; AND 28 (VII) GOVERNMENT NETWORKS OPERATED BY PUBLIC SCHOOLS, LIBRARIES, OR 29 OTHER PUBLIC ENTITIES. 30 S 2. The department of public service shall conduct a statewide study 31 of the inventory of the state's high-speed infrastructure. The results 32 of the study shall be presented to the governor, the temporary president 33 of the senate, and the speaker of the assembly no later than one year 34 after the effective date of this act. 35 S 3. This act shall take effect immediately; provided, however, that 36 any state grants made pursuant to section one of this act shall apply to 37 county grants made on or after the effective date of this act.