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A00455 Summary:

BILL NOA00455
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRRamos, Wallace, Fahy, Thiele, Stern, Kelles, Jean-Pierre, Jacobson, Lunsford, McMahon, Burke, Otis, Gandolfo, Norris, Hyndman
 
MLTSPNSR
 
Add Art 12 §§250 & 251, Pub Serv L
 
Enacts the "NY broadband resiliency, public safety and quality act" to provide for oversight of the resiliency, public safety and quality of broadband and voice over internet protocol service.
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A00455 Actions:

BILL NOA00455
 
01/09/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A00455 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A455
 
SPONSOR: Rozic
  TITLE OF BILL: An act to amend the public service law, in relation to enacting the "NY broadband resiliency, public safety and quality act"   PURPOSE OR GENERAL IDEA OF BILL: To authorize the Public Service Commission to exercise oversight, promulgate rules and regulations, and conduct evaluations regarding the resiliency, public safety, and quality of broadband and VoIP service in New York State.   SUMMARY OF SPECIFIC PROVISIONS: Section 2 of the bill fmds and declares that access to high-speed broad- band service is a necessity and essential to participation in the econo- my, education and civic life. Section 3 of the bill amends the public service law by adding article 12, which authorizes the Public Service Commission to exercise oversight regarding broadband and VoIP service, authorizes the public service commission to promulgate rules and regulations necessary to implement effective oversight, and authorizes the public service commission to require internet service providers to report data on the pricing and adoption of VoIP and broadband service. Section 4 is the effective date.   JUSTIFICATION: Closing gaps in broadband availability is a matter of deployment, affordability and ensuring networks are resilient, high quality and facilitate public safety. Voice over internet protocol has replaced traditional voice telephone service for a large segment of the popu- lation, thus ensuring its reliability is in the public interest and consistent with public safety goals. State regulators require unambig- uous authority and a clear mandate to establish and enforce appropriate oversight and regulation of broadband and voice-over internet protocol service in order to meet the state's goals of universal, high-quality and affordable access.   LEGISLATIVE HISTORY: 2022: A7412 (Rozic) - Ways and Means 2021: A7412 (Rozic) - Ways and Means   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00455 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           455
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ROZIC,  RAMOS, WALLACE, FAHY, THIELE, STERN,
          KELLES, JEAN-PIERRE, JACOBSON, LUNSFORD, McMAHON, BURKE, OTIS, GANDOL-
          FO -- read once and referred to the Committee on Corporations, Author-
          ities and Commissions
 
        AN ACT to amend the public service law, in relation to enacting the  "NY
          broadband resiliency, public safety and quality act"
 
          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 "NY broadband resiliency, public safety and quality act".
     3    §  2.  Legislative findings. The legislature hereby finds and declares
     4  that access to high-speed broadband service is a necessity and essential
     5  to participation in the economy, education and civic life. Closing  gaps
     6  in  broadband  availability is a matter of deployment, affordability and
     7  ensuring networks are resilient,  high  quality  and  facilitate  public
     8  safety.  Because  voice  over internet protocol has replaced traditional
     9  voice telephone service for a large segment of the population,  ensuring
    10  its  reliability  is  in  the public interest and consistent with public
    11  safety goals. State regulators require unambiguous authority and a clear
    12  mandate to establish and enforce appropriate oversight and regulation of
    13  broadband and voice over internet protocol service in order to meet  the
    14  state's goals of universal, high-quality and affordable access.
    15    §  3.  The public service law is amended by adding a new article 12 to
    16  read as follows:
    17                                 ARTICLE 12
    18             BROADBAND RESILIENCY, PUBLIC SAFETY AND QUALITY ACT
    19  Section 250. Definitions.
    20          251. Oversight of broadband and VoIP service.
    21    § 250. Definitions. For the purposes of  this  article  the  following
    22  terms shall have the following meanings:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02746-01-3

        A. 455                              2
 
     1    1.  "Broadband  service"  shall mean a mass-market retail service that
     2  provides the capability to transmit data to and receive data from all or
     3  substantially all internet endpoints, including  any  capabilities  that
     4  are  incidental  to  and  enable  the  operation  of  the communications
     5  service, but shall not include dial-up service.
     6    2.  "Internet  service  provider"  shall  mean any person, business or
     7  organization qualified to do business in this state that provides  indi-
     8  viduals,  corporations  or other entities with the ability to connect to
     9  the internet with a broadband service.
    10    3. "Voice over Internet Protocol" or "VoIP" shall  mean  an  intercon-
    11  nected voice over internet protocol service that:
    12    (a) Enables real-time, two-way voice communications;
    13    (b) Requires a broadband connection from the user's location;
    14    (c) Requires internet protocol-compatible customer premises equipment;
    15  and
    16    (d)  Permits  users  to  receive  calls  that  originate on the public
    17  switched telephone network and to terminate calls to the public switched
    18  telephone network.
    19    § 251. Oversight of broadband and VoIP service. 1. The public  service
    20  commission shall be authorized to exercise oversight regarding broadband
    21  and VoIP service.
    22    2.  The  public  service  commission  shall promulgate rules and regu-
    23  lations necessary to implement effective oversight of broadband and VoIP
    24  service, including but not limited to the following:
    25    (a) Ensuring the resiliency and reliability of  broadband  infrastruc-
    26  ture  and  requiring  internet  service  providers to submit information
    27  related to network reliability.
    28    (b) Ensuring the public safety and adequacy of networks by  exercising
    29  oversight  of  internet  service  providers'  emergency preparedness and
    30  plans for post-emergency  network  restoration,  including  establishing
    31  minimum  power  back-up  requirements and requiring all internet service
    32  providers to maintain networks sufficiently to ensure reliable and  safe
    33  communications services.
    34    (c) Requiring internet service providers to report data on the pricing
    35  and adoption of VoIP and broadband service.
    36    3.  The public service commission shall conduct evaluations and audits
    37  of facilities and infrastructure used  to  provide  high-speed  internet
    38  service  and  evaluate facilities and infrastructure in regards to areas
    39  of public safety, resiliency, broadband and anything else the commission
    40  deems relevant to achieving goals  of  resiliency,  quality  and  public
    41  safety  in  broadband service, as well as the overall goals of universal
    42  access and affordability of broadband service.
    43    4. The public service commission shall report annually to the legisla-
    44  ture on progress towards achieving goals of  resiliency,  public  safety
    45  and quality of broadband and VoIP service.
    46    § 4. This act shall take effect immediately.
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