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A10360 Summary:

BILL NOA10360
 
SAME ASSAME AS S09271
 
SPONSORRozic
 
COSPNSR
 
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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A10360 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10360
 
                   IN ASSEMBLY
 
                                      March 2, 2026
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Corporations, Authorities 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:
    23    1.  "Broadband  service"  shall mean a mass-market retail service that
    24  provides the capability to transmit data to and receive data from all or
    25  substantially all internet endpoints, including  any  capabilities  that
    26  are  incidental  to  and  enable  the  operation  of  the communications
    27  service, but shall not include dial-up service.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14926-01-6

        A. 10360                            2
 
     1    2. "Internet service provider" shall  mean  any  person,  business  or
     2  organization  qualified to do business in this state that provides indi-
     3  viduals, corporations or other entities with the ability to  connect  to
     4  the internet with a broadband service.
     5    3.  "Voice  over  Internet Protocol" or "VoIP" shall mean an intercon-
     6  nected voice over internet protocol service that:
     7    (a) Enables real-time, two-way voice communications;
     8    (b) Requires a broadband connection from the user's location;
     9    (c) Requires internet protocol-compatible customer premises equipment;
    10  and
    11    (d) Permits users to  receive  calls  that  originate  on  the  public
    12  switched telephone network and to terminate calls to the public switched
    13  telephone network.
    14    §  251. Oversight of broadband and VoIP service. 1. The public service
    15  commission shall be authorized to exercise oversight regarding broadband
    16  and VoIP service.
    17    2. The public service commission  shall  promulgate  rules  and  regu-
    18  lations necessary to implement effective oversight of broadband and VoIP
    19  service, including but not limited to the following:
    20    (a)  Ensuring  the resiliency and reliability of broadband infrastruc-
    21  ture and requiring internet  service  providers  to  submit  information
    22  related to network reliability, including outage reporting.
    23    (b)  Ensuring the public safety and adequacy of networks by exercising
    24  oversight of internet  service  providers'  emergency  preparedness  and
    25  plans  for  post-emergency  network  restoration, including establishing
    26  minimum power back-up requirements and requiring  all  internet  service
    27  providers  to maintain networks sufficiently to ensure reliable and safe
    28  communications services.
    29    (c) Requiring internet service providers to report data on the pricing
    30  and adoption of VoIP and broadband service.
    31    3. The public service commission shall conduct evaluations and  audits
    32  of  facilities  and  infrastructure  used to provide high-speed internet
    33  service and evaluate facilities and infrastructure in regards  to  areas
    34  of public safety, resiliency, broadband and anything else the commission
    35  deems  relevant  to  achieving  goals  of resiliency, quality and public
    36  safety in broadband service, as well as the overall goals  of  universal
    37  access and affordability of broadband service.
    38    4. The public service commission shall report annually to the legisla-
    39  ture  on  progress  towards achieving goals of resiliency, public safety
    40  and quality of broadband and VoIP service.
    41    § 4. The public service commission shall initiate a proceeding  within
    42  three  months  of  the  effective  date of this act to establish minimum
    43  network service quality benchmarks including but not limited  to  stand-
    44  ards  for  the  number of days to complete service orders, outage repair
    45  standards including a maximum number of hours for  service  restoration,
    46  standards  for  customer service including time allowed to resolve bill-
    47  ing-related inquiries as well as ensuring a clear  and  timely  way  for
    48  subscribers  to  reach customer service representatives. Such proceeding
    49  shall also determine appropriate reporting and  enforcement  related  to
    50  these areas.
    51    § 5. This act shall take effect immediately.
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