Bill Text: NY S05626 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the Empire State Development corporation's broadband program office to assist in the provision and expansion of broadband internet access service and to address inequities in the availability of such service.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INTERNET AND TECHNOLOGY [S05626 Detail]

Download: New_York-2021-S05626-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5626

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 12, 2021
                                       ___________

        Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to amend the economic development law, in relation  to  directing
          the empire state development corporation to publish and maintain a map
          reflecting  the  aggregation  of  information  broadband providers are
          submitting in the ongoing FCC mapping proceeding

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  economic  development law is amended by adding a new
     2  article 23 to read as follows:
     3                                 ARTICLE 23
     4                          BROADBAND MAPPING PROGRAM
     5  Section 450. Broadband mapping program.
     6    § 450. Broadband mapping program.   1. Definitions.  For  purposes  of
     7  this article, the following terms shall have the following meanings:
     8    (a) "Broadband provider" means a provider of fixed or mobile broadband
     9  internet  access service and includes any entity required to provide the
    10  federal government with information on Federal Communications Commission
    11  form 477 or as part of the federal digital opportunity  data  collection
    12  program  or  a  provider  of  satellite-based  broadband internet access
    13  service that has  been  designated  as  an  eligible  telecommunications
    14  carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York.
    15    (b) "Chief advisor" means the broadband program office assistant vice-
    16  president of innovation and broadband.
    17    (c) "Map" means the statewide broadband availability map developed and
    18  maintained pursuant to this article.
    19    2.  The  empire  state  development corporation shall, in coordination
    20  with the chief advisor, develop a statewide broadband  availability  map
    21  indicating broadband coverage, including maximum broadband speeds avail-
    22  able  in  service  territories in New York. The empire state development
    23  corporation and the chief advisor shall provide the initial map by  July
    24  first,  two  thousand  twenty-two,  or as soon as practicable, and shall
    25  update the map at least annually.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10457-01-1

        S. 5626                             2

     1    3. Broadband providers shall be required  to  submit  updated  service
     2  territory data to the empire state development corporation annually. The
     3  empire  state  development  corporation shall establish a process, time-
     4  line, and specific data requirements for broadband providers  to  submit
     5  their  data.  All  public  bodies  shall cooperate with the empire state
     6  development corporation, or any agent thereof, to furnish data requested
     7  by the agency for the initial improvement and maintenance of the map.
     8    4. The empire state development corporation shall not  require  broad-
     9  band  providers  to  submit  any data, in substantive content or form or
    10  schedule, beyond or in advance of that which the provider is required to
    11  submit to the Federal Communications Commission pursuant to the  federal
    12  broadband  deployment  accuracy  and  technological availability act, 47
    13  U.S.C. § 641 et. seq., provided, however, that satellite-based broadband
    14  providers that have been designated as  an  eligible  telecommunications
    15  carrier  pursuant  to  47 U.S.C. § 214(e)(6) for any portion of New York
    16  shall be required to submit comparable data as other  broadband  provid-
    17  ers.  Public  bodies  and  broadband  providers shall not be required to
    18  submit any customer information, such as names,  addresses,  or  account
    19  numbers.
    20    5.  The  empire state development corporation may publish only anonym-
    21  ized versions of the map,  showing  locations  served  and  unserved  by
    22  broadband  without reference to any specific provider. The map shall not
    23  include information regarding ownership or control over the  network  or
    24  networks  providing  service.  The  empire state development corporation
    25  shall establish a process for broadband providers to petition the agency
    26  to correct inaccuracies in the map.
    27    6. Maps published by the empire state development corporation pursuant
    28  to this section may be considered, but shall not be  considered  conclu-
    29  sive, for purposes of determining eligibility for funding for New York's
    30  broadband  expansion grant or loan programs, including the new NY broad-
    31  band program or challenges thereto.
    32    7. The empire state development corporation:  (a)  may  contract  with
    33  private  parties  to make the necessary improvements to the existing map
    34  and to maintain the map. Such private parties may include  any  entities
    35  and individuals selected by the agency to assist the agency in improving
    36  and  maintaining  such a map; (b) shall consult existing broadband maps,
    37  particularly those published by the Federal  Communications  Commission;
    38  and (c) may acquire existing, privately held data or mapping information
    39  that may contribute to the accuracy of the map.
    40    8.  Information  submitted  by a broadband provider in connection with
    41  this section shall be excluded from the public  disclosure  requirements
    42  of  article six of the public officers law. Information submitted by the
    43  a broadband provider pursuant to this section shall be used  solely  for
    44  the  purposes stated under this section and shall not be released by the
    45  empire state development corporation, or any other public records custo-
    46  dian, without the express written permission of the submitting broadband
    47  provider.
    48    9. The empire state development corporation  shall  annually  evaluate
    49  federal  mapping  data  and  shall  waive  the requirement for broadband
    50  providers to submit territory data if a map of near identical or greater
    51  quality is made publicly available by the Federal Communications Commis-
    52  sion as part of the federal digital opportunity data collection  program
    53  or its successor. This waiver shall not be unreasonably withheld.
    54    §  3.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.
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