Requires the public service commission to review broadband and fiber optic services within the state; requires the expansion of broadband and fiber optic services.
STATE OF NEW YORK
________________________________________________________________________
6347
2021-2022 Regular Sessions
IN ASSEMBLY
March 16, 2021
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
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 more granular and adequate broadband mapping is an essential next
5 step in continuing the progress of expanding access to high-quality,
6 affordable, broadband access in New York state. The New York Broadband
7 Program has helped expand broadband service to hundreds of thousands of
8 previously underserved New Yorkers. However, many still lack access. Due
9 to a lack of comprehensive data, measuring the true extent of this prob-
10 lem has been hampered by the limitations of federal data on broadband
11 access. More accurate and comprehensive data is necessary to complete
12 the state's work in ensuring truly universal broadband access.
13 § 3. The public service law is amended by adding a new section 224-c
14 to read as follows:
15 § 224-c. Broadband and fiber optic services. 1. For the purposes of
16 this section:
17 (a) The term "served" means any location with at least two internet
18 service providers and at least one such provider offers high-speed
19 internet service.
20 (b) The term "underserved" means any location which has fewer than two
21 internet service providers, or has internet speeds of at least 25 mega-
22 bits per second (mbps) download but less than 100 mbps download avail-
23 able.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10146-01-1
A. 6347 2
1 (c) The term "unserved" means any location which has no fixed wireless
2 service or wired service with speeds of 25 mbps download or less avail-
3 able.
4 (d) The term "high-speed internet service" means internet service of
5 at least 100 mbps download and at least 10 mbps upload.
6 (e) The term "broadband service" shall mean a mass-market retail
7 service that provides the capability to transmit data to and receive
8 data from all or substantially all internet endpoints, including any
9 capabilities that are incidental to and enable the operation of the
10 communications service, but shall not include dial-up service.
11 (f) The term "location" shall mean a geographic area smaller than a
12 census tract.
13 (g) The term "internet service provider" shall mean any person, busi-
14 ness or organization qualified to do business in this state that
15 provides individuals, corporations, or other entities with the ability
16 to connect to the internet.
17 2. The commission shall study the availability, affordability and
18 reliability of high-speed internet and broadband services in New York
19 state. The commission shall, with the assistance of the New York state
20 energy research and development authority, to the extent practicable
21 under state law:
22 (a) assess the efficacy and make recommendations regarding levels of
23 competition among providers, as well as any regulatory and statutory
24 barriers, in order to deliver comprehensive statewide access to high-
25 speed internet;
26 (b) review available technology to identify solutions that best
27 support high-speed internet service in underserved or unserved areas,
28 and make recommendations on ensuring deployment of such technology in
29 underserved and unserved areas;
30 (c) identify instances where local franchise agreements and legal
31 settlements related to internet access have not been complied with;
32 (d) identify locations where insufficient access to high-speed inter-
33 net and/or broadband service, and/or persistent digital divide, is caus-
34 ing negative social or economic impact on the community;
35 (e) identify locations where the commission believes fiber optic
36 service is necessary for the successful implementation of commission's
37 policies on competition, affordability, and adequate service;
38 (f) examine any other telecommunications deficiencies affecting broad-
39 band service it deems necessary to further the economic and social goals
40 of the state; and
41 (g) produce, maintain and publish on its website, a detailed internet
42 access map of the state, indicating access to internet service by
43 location. Such map shall include, but not be limited to, the following
44 information for each location:
45 (i) download and upload speeds advertised and experienced;
46 (ii) the consistency and reliability of download and upload speeds
47 including latency;
48 (iii) the types of internet service and technologies available includ-
49 ing but not limited to dial-up, broadband, wireless, fiber, coax, or
50 satellite;
51 (iv) the number of internet service providers available, the price of
52 internet service available; and
53 (v) any other factors the commission may deem relevant.
54 3. The commission shall submit a report of its findings and recommen-
55 dations from the study required in subdivision two of this section, to
56 the governor, the temporary president of the senate and the speaker of
A. 6347 3
1 the assembly no later than one year after the effective date of this
2 section, and an updated report annually thereafter. Such report shall
3 include, but not be limited to, the following:
4 (a) the overall number of residences with access to high-speed inter-
5 net identifying which areas are served, unserved and underserved;
6 (b) a regional survey of internet service prices in comparison to
7 county-level median income;
8 (c) an analysis of the affordability of high-speed internet service in
9 New York state;
10 (d) any relevant usage statistics;
11 (e) any other metrics or analyses the commission deems necessary in
12 order to assess the availability, affordability and reliability of
13 internet service in New York state; and
14 (f) the map maintained pursuant to paragraph (g) of subdivision two of
15 this section.
16 4. The commission shall hold at least four regional public hearings
17 within one year of the effective date of this section, to solicit input
18 from the public and other stakeholders including but not limited to
19 internet service providers, telecommunications concerns, labor organiza-
20 tions, public safety organizations, healthcare, education, agricultural
21 and other businesses or organizations.
22 5. The commission shall work with internet service providers in the
23 state to prioritize access to broadband and fiber optic services for the
24 communities determined to have experienced negative economic and social
25 impacts due to absent, insufficient, or inadequate broadband or fiber
26 optic service pursuant to subdivision one of this section.
27 6. To effectuate the purposes of this section, the commission may
28 request and shall receive from any department, division, board, bureau,
29 commission or other agency of the state or any state public authority
30 such assistance, information and data as will enable the commission to
31 carry out its powers and duties under this section.
32 § 4. This act shall take effect on the thirtieth day after it shall
33 have become a law.