Bill Text: NY A02219 | 2021-2022 | General Assembly | Amended


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 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A02219 Detail]

Download: New_York-2021-A02219-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2219--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A. JACOBSON, KIM, SIMON, COLTON, EPSTEIN -- read
          once and referred to the Committee on Consumer Affairs and  Protection
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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 to read as follows:
     3    § 104. 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05945-02-1

        A. 2219--A                          2

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