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A09695 Summary:

BILL NOA09695
 
SAME ASSAME AS S07406-A
 
SPONSORCashman
 
COSPNSR
 
MLTSPNSR
 
Add §91-b, Pub Serv L
 
Enacts the "cellular mapping act"; requires the public service commission to review cellular services within the state; requires the expansion of cellular services.
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A09695 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9695
 
                   IN ASSEMBLY
 
                                    January 21, 2026
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law, in  relation  to  directing  the
          public service commission to review cellular 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. This act shall be known and may be cited as  the  "cellular
     2  mapping act".
     3    § 2. The public service law is amended by adding a new section 91-b to
     4  read as follows:
     5    § 91-b. Cellular services. 1. For the purposes of this section:
     6    (a) The term "served for calling" means any location with at least two
     7  cellular  service providers and/or at least one such provider has a call
     8  completion rate of greater than ninety percent.
     9    (b) The term "underserved" means any location which has fewer than two
    10  cellular service providers, or such providers  have  a  call  completion
    11  rate greater than thirty percent, but less than ninety percent.
    12    (c)  The  term  "unserved"  means  any  location which has no cellular
    13  service providers or such providers have a call completion rate of  less
    14  than thirty percent.
    15    (d) The term "excellent cellular coverage" shall mean cellular service
    16  of at least 25 megabits per second (mbps) download speeds.
    17    (e)  The term "adequate cellular coverage" shall mean cellular service
    18  of at least 5 mbps but less than 25 mbps download speeds.
    19    (f) The term "poor cellular coverage" shall mean cellular  service  of
    20  fewer than 5 mbps download speed.
    21    (g)  The term "no cellular coverage" shall mean cellular service where
    22  greater than fifty percent of speed tests fail to complete.
    23    (h) The term "location" shall mean a geographic area  smaller  than  a
    24  census tract.
    25    (i)  The term "cellular service provider" shall mean any person, busi-
    26  ness or organization  qualified  to  do  business  in  this  state  that
    27  provides  individuals,  corporations, or other entities with the ability
    28  to make wireless telephone calls and connect to the internet.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01755-03-6

        A. 9695                             2
 
     1    2. The commission shall  study  the  availability,  affordability  and
     2  reliability  of  cellular  services  in  New  York state. The commission
     3  shall:
     4    (a)  review  and  appropriately  consider  the  results of the federal
     5  communications commission broadband  data  task  force's  newly  updated
     6  national  broadband  map,  and  any  future data, on the availability of
     7  wireless broadband service in New York state;
     8    (b) assess the efficacy and make recommendations regarding  levels  of
     9  competition  among  providers,  as  well as any regulatory and statutory
    10  barriers, in order to deliver comprehensive statewide access  to  excel-
    11  lent cellular coverage;
    12    (c)  review  available  technology  to  identify  solutions  that best
    13  support cellular service in underserved  or  unserved  areas,  and  make
    14  recommendations on ensuring deployment of such technology in underserved
    15  and unserved areas;
    16    (d) identify locations where insufficient access to excellent cellular
    17  coverage is causing negative social or economic impact on the community,
    18  which  shall  include but not be limited to: the incurment of extraneous
    19  business expenses, the lack of remote educational  opportunities,  resi-
    20  dents being unable to place calls and/or send text messages in emergency
    21  situations  and  barriers  to  the  proper provision of police, fire and
    22  emergency medical services;
    23    (e) examine any other telecommunications deficiencies affecting excel-
    24  lent cellular service it deems necessary to  further  the  economic  and
    25  social goals of the state;
    26    (f)  produce, maintain and publish on its website, a detailed cellular
    27  service access map of the state, indicating access to  cellular  service
    28  by  location. Such map shall include, but not be limited to, the follow-
    29  ing information for each location:
    30    (i) call completion rates and download speeds advertised  and  experi-
    31  enced;
    32    (ii)  the  consistency  and  reliability  of call completion rates and
    33  download speeds including latency;
    34    (iii) the number of cellular service providers available, the price of
    35  cellular service available; and
    36    (iv) any other factors the commission may deem relevant; and
    37    (g) provide the opportunity for consumers to challenge the results  of
    38  the call completion rates and speed tests at each location.
    39    3.  The commission shall submit a report of its findings and recommen-
    40  dations from the study required in subdivision two of this  section,  to
    41  the  governor,  the temporary president of the senate and the speaker of
    42  the assembly no later than one year after the  effective  date  of  this
    43  section,  and  an  updated report annually thereafter. Such report shall
    44  include, but not be limited to, the following:
    45    (a) the overall number of residences with access to excellent cellular
    46  coverage, adequate cellular coverage,  poor  cellular  coverage  and  no
    47  cellular  coverage  and identifying which areas are served, unserved and
    48  underserved for calling;
    49    (b) a regional survey of cellular  service  prices  in  comparison  to
    50  county-level median income;
    51    (c) an analysis of the affordability of excellent cellular coverage in
    52  New York state;
    53    (d) any relevant usage statistics;
    54    (e)  any  other  metrics or analyses the commission deems necessary in
    55  order to assess  the  availability,  affordability  and  reliability  of
    56  cellular service in New York state; and

        A. 9695                             3
 
     1    (f) the map maintained pursuant to paragraph (f) of subdivision two of
     2  this section.
     3    4.  The  commission  shall hold at least four regional public hearings
     4  within one year of the effective date of this section, to solicit  input
     5  from  the  public  and  other  stakeholders including but not limited to
     6  cellular service providers, telecommunications concerns, labor organiza-
     7  tions, public safety organizations, healthcare, education,  agricultural
     8  and other businesses or organizations.
     9    5.    The  commission  shall  examine the labor demand of the wireless
    10  construction workforce needed to  achieve  excellent  cellular  coverage
    11  statewide.
    12    6.  The  commission  shall work with cellular service providers in the
    13  state to prioritize access to excellent cellular coverage  services  for
    14  the  communities  determined  to  have experienced negative economic and
    15  social impacts due  to  absent,  insufficient,  or  inadequate  cellular
    16  service pursuant to subdivision one of this section.
    17    7.  To  effectuate  the  purposes  of this section, the commission may
    18  request and shall receive from any department, division, board,  bureau,
    19  commission  or  other  agency of the state or any state public authority
    20  such assistance, information and data as will enable the  commission  to
    21  carry out its powers and duties under this section.
    22    8.  To  ensure  the  compliance of cellular service providers with the
    23  recommendations of the commission, the division of  consumer  protection
    24  shall assist the commission.
    25    §  3.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.
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