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S07406 Summary:

BILL NOS07406
 
SAME ASSAME AS A03753
 
SPONSORHINCHEY
 
COSPNSRMAY, MYRIE, ROLISON, WEBB
 
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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S07406 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7406
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 15, 2025
                                       ___________
 
        Introduced by Sens. HINCHEY, MAY, MYRIE, ROLISON, WEBB -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Energy and Telecommunications
 
        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 of 2025".
     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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01755-01-5

        S. 7406                             2
 
     1    (i)  The term "cellular service provider" shall mean any person, busi-
     2  ness or organization  qualified  to  do  business  in  this  state  that
     3  provides  individuals,  corporations, or other entities with the ability
     4  to make wireless telephone calls and connect to the internet.
     5    2.  The  commission  shall  study  the availability, affordability and
     6  reliability of cellular services  in  New  York  state.  The  commission
     7  shall:
     8    (a)  review  and  appropriately  consider  the  results of the federal
     9  communications commission broadband  data  task  force's  newly  updated
    10  national  broadband  map,  and  any  future data, on the availability of
    11  wireless broadband service in New York state;
    12    (b) assess the efficacy and make recommendations regarding  levels  of
    13  competition  among  providers,  as  well as any regulatory and statutory
    14  barriers, in order to deliver comprehensive statewide access  to  excel-
    15  lent cellular coverage;
    16    (c)  review  available  technology  to  identify  solutions  that best
    17  support cellular service in underserved  or  unserved  areas,  and  make
    18  recommendations on ensuring deployment of such technology in underserved
    19  and unserved areas;
    20    (d) identify locations where insufficient access to excellent cellular
    21  coverage is causing negative social or economic impact on the community,
    22  which  shall  include but not be limited to: the incurment of extraneous
    23  business expenses, the lack of remote educational  opportunities,  resi-
    24  dents being unable to place calls and/or send text messages in emergency
    25  situations  and  barriers  to  the  proper provision of police, fire and
    26  emergency medical services;
    27    (e) examine any other telecommunications deficiencies affecting excel-
    28  lent cellular service it deems necessary to  further  the  economic  and
    29  social goals of the state;
    30    (f)  produce, maintain and publish on its website, a detailed cellular
    31  service access map of the state, indicating access to  cellular  service
    32  by  location. Such map shall include, but not be limited to, the follow-
    33  ing information for each location:
    34    (i) call completion rates and download speeds advertised  and  experi-
    35  enced;
    36    (ii)  the  consistency  and  reliability  of call completion rates and
    37  download speeds including latency;
    38    (iii) the number of cellular service providers available, the price of
    39  cellular service available; and
    40    (iv) any other factors the commission may deem relevant; and
    41    (g) provide the opportunity for consumers to challenge the results  of
    42  the call completion rates and speed tests at each location.
    43    3.  The commission shall submit a report of its findings and recommen-
    44  dations from the study required in subdivision two of this  section,  to
    45  the  governor,  the temporary president of the senate and the speaker of
    46  the assembly no later than one year after the  effective  date  of  this
    47  section,  and  an  updated report annually thereafter. Such report shall
    48  include, but not be limited to, the following:
    49    (a) the overall number of residences with access to excellent cellular
    50  coverage, adequate cellular coverage,  poor  cellular  coverage  and  no
    51  cellular  coverage  and identifying which areas are served, unserved and
    52  underserved for calling;
    53    (b) a regional survey of cellular  service  prices  in  comparison  to
    54  county-level median income;
    55    (c) an analysis of the affordability of excellent cellular coverage in
    56  New York state;

        S. 7406                             3
 
     1    (d) any relevant usage statistics;
     2    (e)  any  other  metrics or analyses the commission deems necessary in
     3  order to assess  the  availability,  affordability  and  reliability  of
     4  cellular service in New York state; and
     5    (f) the map maintained pursuant to paragraph (f) of subdivision two of
     6  this section.
     7    4.  The  commission  shall hold at least four regional public hearings
     8  within one year of the effective date of this section, to solicit  input
     9  from  the  public  and  other  stakeholders including but not limited to
    10  cellular service providers, telecommunications concerns, labor organiza-
    11  tions, public safety organizations, healthcare, education,  agricultural
    12  and other businesses or organizations.
    13    5.    The  commission  shall  examine the labor demand of the wireless
    14  construction workforce needed to  achieve  excellent  cellular  coverage
    15  statewide.
    16    6.  The  commission  shall work with cellular service providers in the
    17  state to prioritize access to excellent cellular coverage  services  for
    18  the  communities  determined  to  have experienced negative economic and
    19  social impacts due  to  absent,  insufficient,  or  inadequate  cellular
    20  service pursuant to subdivision one of this section.
    21    7.  To  effectuate  the  purposes  of this section, the commission may
    22  request and shall receive from any department, division, board,  bureau,
    23  commission  or  other  agency of the state or any state public authority
    24  such assistance, information and data as will enable the  commission  to
    25  carry out its powers and duties under this section.
    26    8.  To  ensure  the  compliance of cellular service providers with the
    27  recommendations of the commission, the division of  consumer  protection
    28  shall assist the commission.
    29    §  3.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law.
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