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A06347 Summary:

BILL NOA06347
 
SAME ASNo Same As
 
SPONSORBurke
 
COSPNSR
 
MLTSPNSR
 
Add §224-c, Pub Serv L
 
Requires the public service commission to review broadband and fiber optic services within the state; requires the expansion of broadband and fiber optic services.
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A06347 Text:



 
                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.
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