Requires the Empire State Development corporation's broadband program office to assist in the provision and expansion of broadband internet access service and to address inequities in the availability of such service.
STATE OF NEW YORK
________________________________________________________________________
924
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. OBERACKER, ASHBY, BORRELLO, GALLIVAN, RHOADS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Internet and Technology
AN ACT to amend the economic development law, in relation to directing
the empire state development corporation to publish and maintain a map
reflecting the aggregation of information broadband providers are
submitting in the ongoing FCC mapping proceeding
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The economic development law is amended by adding a new
2 article 23 to read as follows:
3 ARTICLE 23
4 BROADBAND MAPPING PROGRAM
5 Section 450. Broadband mapping program.
6 § 450. Broadband mapping program. 1. Definitions. For purposes of
7 this article, the following terms shall have the following meanings:
8 (a) "Broadband provider" means a provider of fixed or mobile broadband
9 internet access service and includes any entity required to provide the
10 federal government with information on Federal Communications Commission
11 form 477 or as part of the federal digital opportunity data collection
12 program or a provider of satellite-based broadband internet access
13 service that has been designated as an eligible telecommunications
14 carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York.
15 (b) "Chief advisor" means the broadband program office assistant vice-
16 president of innovation and broadband.
17 (c) "Map" means the statewide broadband availability map developed and
18 maintained pursuant to this article.
19 2. The empire state development corporation shall, in coordination
20 with the chief advisor, develop a statewide broadband availability map
21 indicating broadband coverage, including maximum broadband speeds avail-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01851-01-5
S. 924 2
1 able in service territories in New York. The empire state development
2 corporation and the chief advisor shall provide the initial map by July
3 first, two thousand twenty-six, or as soon as practicable, and shall
4 update the map at least annually.
5 3. Broadband providers shall be required to submit updated service
6 territory data to the empire state development corporation annually. The
7 empire state development corporation shall establish a process, time-
8 line, and specific data requirements for broadband providers to submit
9 their data. All public bodies shall cooperate with the empire state
10 development corporation, or any agent thereof, to furnish data requested
11 by the agency for the initial improvement and maintenance of the map.
12 4. The empire state development corporation shall not require broad-
13 band providers to submit any data, in substantive content or form or
14 schedule, beyond or in advance of that which the provider is required to
15 submit to the Federal Communications Commission pursuant to the federal
16 broadband deployment accuracy and technological availability act, 47
17 U.S.C. § 641 et. seq., provided, however, that satellite-based broadband
18 providers that have been designated as an eligible telecommunications
19 carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York
20 shall be required to submit comparable data as other broadband provid-
21 ers. Public bodies and broadband providers shall not be required to
22 submit any customer information, such as names, addresses, or account
23 numbers.
24 5. The empire state development corporation may publish only anonym-
25 ized versions of the map, showing locations served and unserved by
26 broadband without reference to any specific provider. The map shall not
27 include information regarding ownership or control over the network or
28 networks providing service. The empire state development corporation
29 shall establish a process for broadband providers to petition the agency
30 to correct inaccuracies in the map.
31 6. Maps published by the empire state development corporation pursuant
32 to this section may be considered, but shall not be considered conclu-
33 sive, for purposes of determining eligibility for funding for New York's
34 broadband expansion grant or loan programs, including the new NY broad-
35 band program or challenges thereto.
36 7. The empire state development corporation: (a) may contract with
37 private parties to make the necessary improvements to the existing map
38 and to maintain the map. Such private parties may include any entities
39 and individuals selected by the agency to assist the agency in improving
40 and maintaining such a map; (b) shall consult existing broadband maps,
41 particularly those published by the Federal Communications Commission;
42 and (c) may acquire existing, privately held data or mapping information
43 that may contribute to the accuracy of the map.
44 8. Information submitted by a broadband provider in connection with
45 this section shall be excluded from the public disclosure requirements
46 of article six of the public officers law. Information submitted by the
47 a broadband provider pursuant to this section shall be used solely for
48 the purposes stated under this section and shall not be released by the
49 empire state development corporation, or any other public records custo-
50 dian, without the express written permission of the submitting broadband
51 provider.
52 9. The empire state development corporation shall annually evaluate
53 federal mapping data and shall waive the requirement for broadband
54 providers to submit territory data if a map of near identical or greater
55 quality is made publicly available by the Federal Communications Commis-
S. 924 3
1 sion as part of the federal digital opportunity data collection program
2 or its successor. This waiver shall not be unreasonably withheld.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.
