Bill Text: NY S07183 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2018-03-21 - PRINT NUMBER 7183C [S07183 Detail]

Download: New_York-2017-S07183-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7183--B
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sens.  CARLUCCI,  ALCANTARA,  SAVINO  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Energy  and  Telecommunications -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the public service law and the  state  finance  law,  in
          relation to instituting internet service neutrality
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The article heading of article 11  of  the  public  service
     2  law,  as  added by chapter 83 of the laws of 1995, is amended to read as
     3  follows:
     4             PROVISIONS RELATING TO CABLE TELEVISION AND INTERNET
     5                              SERVICE COMPANIES
     6    § 2. Section 212 of the public service law is amended by adding a  new
     7  subdivision 15 to read as follows:
     8    15.  "Internet  service  provider"  shall mean any person, business or
     9  organization qualified to do business in this state, including municipal
    10  broadband providers, that provides individuals, corporations,  or  other
    11  entities with the ability to connect to the internet.
    12    §  3. The section heading of section 215 of the public service law, as
    13  added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
    14  sion 14 is added to read as follows:
    15    Duties  of  the commission in respect to cable television and internet
    16  service companies.
    17    14. Develop and maintain a statewide plan for the monitoring of inter-
    18  net service providers, including the annual certification that  internet
    19  service  providers  comply with the internet service neutrality require-
    20  ments established in section two hundred thirty-one of this article.
    21    § 4. The state finance law is amended by adding a new section  148  to
    22  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13982-06-8

        S. 7183--B                          2
     1    § 148. Internet service neutrality requirements in certain procurement
     2  contracts.  Notwithstanding  any other provision of law to the contrary,
     3  where a contract that includes broadband internet access services is  to
     4  be  awarded by a state agency as defined in section one hundred sixty of
     5  this  chapter  or any state or local authority as such terms are defined
     6  in section two of  public  authorities  law,  municipal  corporation  as
     7  defined  in  section two of the general municipal law, public library or
     8  association library, as such terms are defined in  section  two  hundred
     9  fifty-three  of  the  education  law,  the legislature, judiciary, state
    10  university of New York, or city university of New  York  pursuant  to  a
    11  competitive  bidding  process  or  a  request for proposal process, such
    12  competitive bidding process or request for proposal and  the  subsequent
    13  awarded  contract  shall  require  that  such  broadcast internet access
    14  services are compliant with the internet service neutrality requirements
    15  established in section two hundred thirty-one of the public service law.
    16  Provided, however, the entity awarding  such  contract  may  award  such
    17  contract  to  any broadband internet service provider that is not certi-
    18  fied by the public service commission pursuant  to  subdivision  two  of
    19  section  two  hundred  thirty-one of the public service law only if such
    20  entity demonstrates to the public service  commission  that  either  (i)
    21  there  are  no  other  broadband internet service providers available to
    22  contract with, or (ii) awarding such contract to a  certified  broadband
    23  internet  service provider would result in a significant financial hard-
    24  ship when compared to awarding the  contract  to  a  broadband  internet
    25  service provider not certified by the public service commission.
    26    §  5. The public service law is amended by adding a new section 231 to
    27  read as follows:
    28    § 231. Internet service neutrality. 1. For purposes of  this  section,
    29  "reasonable network management" shall mean a network management practice
    30  is  a  practice that has a primarily technical network management justi-
    31  fication, but does not  include  other  business  practices.  A  network
    32  management  practice  is  reasonable  if  it  is  primarily used for and
    33  tailored to achieving a legitimate network  management  purpose,  taking
    34  into  account  the particular network architecture and technology of the
    35  broadband internet access service.
    36    2. The commission shall certify annually  that  any  internet  service
    37  provider qualified to do business in this state, does not:
    38    (a)  block  lawful  content,  applications,  services,  or non-harmful
    39  devices, subject to reasonable network management.
    40    (b) impair or degrade lawful internet traffic on the basis of internet
    41  content, application, or  service,  or  use  of  a  non-harmful  device,
    42  subject to reasonable network management.
    43    (c)  engage  in  paid  prioritization,  including, but not limited to,
    44  traffic shaping, prioritization, resource reservation, or other forms of
    45  preferential traffic management, either (i) in  exchange  for  consider-
    46  ation  (monetary or otherwise) from a third party, or (ii) to benefit an
    47  affiliated entity.
    48    § 6. This act shall take effect on the thirtieth day  after  it  shall
    49  have become a law.
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