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 56-10)

Status: (Introduced) 2020-02-27 - print number 6679b [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,
          NORRIS,  JOYNER,  JACOBSON, ABINANTI -- Multi-Sponsored by -- M. of A.
          ARROYO, CROUCH, ENGLEBRIGHT, GALEF, NOLAN, THIELE  --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- recommitted to the  Committee  on
          Corporations,  Authorities and Commissions in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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

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

        A. 6679--B                          2

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

        A. 6679--B                          3

     1    (iii) the types of internet service and technologies available includ-
     2  ing but not limited to dial-up, broadband,  wireless,  fiber,  coax,  or
     3  satellite;
     4    (iv)  the number of internet service providers available, the price of
     5  internet service available; and
     6    (v) any other factors the commission may deem relevant.
     7    3. The commission shall submit a report of its findings and  recommen-
     8  dations  from  the study required in subdivision two of this section, to
     9  the governor, the temporary president of the senate and the  speaker  of
    10  the  assembly  no  later  than one year after the effective date of this
    11  section, and an updated report annually thereafter.  Such  report  shall
    12  include, but not be limited to, the following:
    13    (a)  the overall number of residences with access to high-speed inter-
    14  net identifying which areas are served, unserved and underserved;
    15    (b) a regional survey of internet  service  prices  in  comparison  to
    16  county-level median income;
    17    (c) an analysis of the affordability of high-speed internet service in
    18  New York state;
    19    (d) any relevant usage statistics;
    20    (e)  any  other  metrics or analyses the commission deems necessary in
    21  order to assess  the  availability,  affordability  and  reliability  of
    22  internet service in New York state; and
    23    (f) the map maintained pursuant to paragraph (g) of subdivision two of
    24  this section.
    25    4.  The  commission  shall hold at least four regional public hearings
    26  within one year of the effective date of this section, to solicit  input
    27  from  the  public  and  other  stakeholders including but not limited to
    28  internet service providers, telecommunications concerns, labor organiza-
    29  tions, public safety organizations, healthcare, education,  agricultural
    30  and other businesses or organizations.
    31    5.  The  commission  shall work with internet service providers in the
    32  state to prioritize access to broadband and fiber optic services for the
    33  communities determined to have experienced negative economic and  social
    34  impacts  due  to  absent, insufficient, or inadequate broadband or fiber
    35  optic service pursuant to subdivision one of this section.
    36    6. To effectuate the purposes of  this  section,  the  commission  may
    37  request  and shall receive from any department, division, board, bureau,
    38  commission or other agency of the state or any  state  public  authority
    39  such  assistance,  information and data as will enable the commission to
    40  carry out its powers and duties under this section.
    41    § 4. The article heading of article 11 of the public service  law,  as
    42  added by chapter 83 of the laws of 1995, is amended to read as follows:
    44                       AND INTERNET SERVICE PROVIDERS
    45    §  5. Section 212 of the public service law is amended by adding a new
    46  subdivision 15 to read as follows:
    47    15. "Internet service provider" shall mean  any  person,  business  or
    48  organization  qualified to do business in this state that provides indi-
    49  viduals, corporations, or other entities with the ability to connect  to
    50  the internet.
    51    §  6.  This  act shall take effect on the thirtieth day after it shall
    52  have become a law.