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. LBD13982-06-8S. 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.