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S08321 Summary:

BILL NOS08321
 
SAME ASNo Same As
 
SPONSORHOYLMAN
 
COSPNSRBAILEY, BRESLIN, COMRIE, HAMILTON, KENNEDY, MAYER, PERALTA, PERSAUD, SEPULVEDA, SERRANO
 
MLTSPNSR
 
Add Art 12 250 - 255, amd 219 & 119-a, Pub Serv L; amd 165, St Fin L; add 104-d, Gen Muni L; amd 2879, Pub Auth L; amd 143, Ec Dev L
 
Provides regulatory control of internet service providers by the public service commission, requires internet neutrality and relates to the placement of equipment on utility poles.
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S08321 Actions:

BILL NOS08321
 
05/01/2018REFERRED TO ENERGY AND TELECOMMUNICATIONS
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S08321 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8321
 
                    IN SENATE
 
                                       May 1, 2018
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN ACT to amend the public service law, in relation to Internet neutral-
          ity;  and  to  amend the state finance law, the general municipal law,
          the public authorities  law  and  the  economic  development  law,  in
          relation  to  requiring  that procurement contracts require compliance
          with Internet neutrality requirements
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. The legislature finds and declares the
     2  following:
     3    (a) This act is adopted pursuant to the police power inherent  in  the
     4  state  of  New  York  to  protect  and  promote the safety, life, public
     5  health, public convenience, general prosperity, and well-being of socie-
     6  ty, and the welfare of the state's  population  and  economy,  that  are
     7  increasingly dependent on an open and neutral Internet.
     8    (b)  Almost every sector of New York's economy, democracy, and society
     9  is dependent on the open and neutral Internet that supports vital  func-
    10  tions  regulated under the police power of the state, including, but not
    11  limited to, each of the following:
    12    (1) police and emergency services;
    13    (2) health and safety services and infrastructure;
    14    (3) utility services and infrastructure;
    15    (4) transportation infrastructure and services, and the  expansion  of
    16  zero- and low-emission transportation options;
    17    (5)  government services, voting, and democratic decision making proc-
    18  esses;
    19    (6) education;
    20    (7) business and economic activity;
    21    (8) environmental monitoring and protection, and achievement of  state
    22  environmental goals; and
    23    (9) land use regulation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14680-02-8

        S. 8321                             2
 
     1    §  2.  The public service law is amended by adding a new article 12 to
     2  read as follows:
     3                                  ARTICLE 12
     4              PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
     5  Section 250. Definitions.
     6          251. Internet neutrality.
     7          252. Broadband Internet access evaluation.
     8          253. Infrastructure awards.
     9          254. Enforcement.
    10          255. Application.
    11    §  250. Definitions. For purposes of this article, the following defi-
    12  nitions apply:
    13    1. "Application-agnostic" means not differentiating on  the  basis  of
    14  source,  destination, Internet content, application, service, or device,
    15  or class of Internet content, application, service, or device.
    16    2. "Application-specific differential pricing" means charging  differ-
    17  ent  prices  for  Internet traffic to customers on the basis of Internet
    18  content, application, service, or device, or class of Internet  content,
    19  application, service, or device, but does not include zero-rating.
    20    3.  "Broadband  Internet  access  service"  means a mass-market retail
    21  service by wire or radio provided to customers in New York that provides
    22  the capability to transmit data  to,  and  receive  data  from,  all  or
    23  substantially  all  Internet  endpoints, including any capabilities that
    24  are incidental  to  and  enable  the  operation  of  the  communications
    25  service,  but  excluding  dial-up  Internet  access  service. "Broadband
    26  Internet access  service"  also  encompasses  any  service  provided  to
    27  customers  in  New  York  that  provides a functional equivalent of that
    28  service or that is used to evade the protections set forth in this chap-
    29  ter.
    30    4. "Class of Internet content, application, service, or device"  means
    31  Internet  content,  or  a  group  of Internet applications, services, or
    32  devices, sharing a common characteristic, including, but not limited to,
    33  sharing the same source or destination, belonging to the  same  type  of
    34  content, application, service, or device, using the same application- or
    35  transport-layer  protocol,  or having similar technical characteristics,
    36  including, but not limited to, the size, sequencing, or timing of  pack-
    37  ets, or sensitivity to delay.
    38    5.  "Content,  applications,  or  services" means all Internet traffic
    39  transmitted to or from end users of a broadband Internet access service,
    40  including traffic that may not fit clearly into any of these categories.
    41    6. "Edge provider" means any individual or entity  that  provides  any
    42  content,  application,  or service over the Internet, and any individual
    43  or entity that provides a device used for accessing any content,  appli-
    44  cation, or service over the Internet.
    45    7.  "End  user"  means  any individual or entity that uses a broadband
    46  Internet access service.
    47    8. "Internet service provider" or "ISP" means a business that provides
    48  broadband Internet access service to an individual, corporation, govern-
    49  ment, or other customer in New York.
    50    9. "ISP traffic exchange"  means  the  exchange  of  Internet  traffic
    51  destined  for,  or  originating from, an Internet service provider's end
    52  users between the Internet service provider's network and another  indi-
    53  vidual  or  entity,  including,  but  not  limited to, an edge provider,
    54  content delivery network, or other network operator.
    55    10. "Mass market" means a service marketed and sold on a  standardized
    56  basis  to  residential  customers,  small  businesses, and other end-use

        S. 8321                             3
 
     1  customers, including, but not limited to, schools, institutions of high-
     2  er learning, and libraries.  The term also includes  broadband  Internet
     3  access  services  purchased  with support of the E-rate and Rural Health
     4  program  and similar programs at the federal and state level, regardless
     5  of whether they are customized or individually negotiated,  as  well  as
     6  any  broadband  Internet access service offered using networks supported
     7  by the Connect America Fund or similar programs at the federal and state
     8  level.
     9    11. "Network management practice" means a practice that has a primari-
    10  ly technical network management  justification,  but  does  not  include
    11  other business practices.
    12    12.  "Reasonable  network management practice" means a network manage-
    13  ment practice that is primarily used for, and tailored to,  achieving  a
    14  legitimate  network  management purpose, taking into account the partic-
    15  ular network architecture  and  technology  of  the  broadband  Internet
    16  access service, and that is as application-agnostic as possible.
    17    13.  "Third-party  paid  prioritization"  means  the  management of an
    18  Internet service provider's network to directly or indirectly favor some
    19  traffic over other traffic, including through the use of techniques such
    20  as traffic shaping, prioritization, resource reservation, or other forms
    21  of preferential traffic management, either: (a) in exchange for  consid-
    22  eration, monetary or otherwise, from a third party; or (b) to benefit an
    23  affiliated entity.
    24    14. "Zero-rating" means exempting some Internet traffic from a custom-
    25  er's data limitation.
    26    §  251.  Internet  neutrality. 1. It shall be unlawful for an Internet
    27  service provider, insofar as the provider is engaged in providing broad-
    28  band Internet access service, to engage in any of the  following  activ-
    29  ities:
    30    (a)  Blocking  lawful  content, applications, services, or non-harmful
    31  devices, subject to reasonable network management practices.
    32    (b) Speeding up,  slowing  down,  altering,  restricting,  interfering
    33  with,  or  otherwise directly or indirectly favoring, disadvantaging, or
    34  discriminating between lawful Internet traffic on the basis  of  source,
    35  destination,  Internet  content,  application,  or  service, or use of a
    36  non-harmful device,  or  of  class  of  Internet  content,  application,
    37  service, or non-harmful device, subject to reasonable network management
    38  practices.
    39    (c)  Requiring  consideration  from edge providers, monetary or other-
    40  wise, in exchange for access to  the  Internet  service  provider's  end
    41  users, including, but not limited to, requiring consideration for either
    42  of the following:
    43    (i)  transmitting  Internet  traffic  to and from the Internet service
    44  provider's end users.
    45    (ii) refraining from the activities prohibited in paragraphs  (a)  and
    46  (b) of this subdivision.
    47    (d) Engaging in third-party paid prioritization.
    48    (e) Engaging in application-specific differential pricing or zero-rat-
    49  ing  in  exchange  for  consideration,  monetary  or otherwise, by third
    50  parties.
    51    (f) Zero-rating some  Internet  content,  applications,  services,  or
    52  devices  in  a  category of Internet content, applications, services, or
    53  devices, but not the entire category.
    54    (g) Engaging in application-specific differential pricing.
    55    (h) Unreasonably interfering  with,  or  unreasonably  disadvantaging,
    56  either an end user's ability to select, access, and use broadband Inter-

        S. 8321                             4

     1  net  access  service or lawful Internet content, applications, services,
     2  or devices of the end user's choice, or an edge  provider's  ability  to
     3  make  lawful content, applications, services, or devices available to an
     4  end user, subject to reasonable network management practices.
     5    (i)  Engaging  in  practices  with  respect  to,  related  to,  or  in
     6  connection with, ISP traffic exchange that have the purpose or effect of
     7  circumventing or undermining the effectiveness of this section.
     8    (j) Engaging in  deceptive  or  misleading  marketing  practices  that
     9  misrepresent  the  treatment of Internet traffic, content, applications,
    10  services, or devices by the Internet service provider, or that misrepre-
    11  sent the performance characteristics or commercial terms of  the  broad-
    12  band Internet access service to its customers.
    13    (k)  Advertising,  offering  for  sale,  or selling broadband Internet
    14  access service  without  prominently  disclosing  with  specificity  all
    15  aspects of the service advertised, offered for sale, or sold.
    16    (l)  Failing  to  publicly disclose accurate information regarding the
    17  network management practices, performance, and commercial terms  of  its
    18  broadband  Internet  access  services  sufficient  for consumers to make
    19  informed choices regarding use of those services and for content, appli-
    20  cation, service, and device providers to develop, market,  and  maintain
    21  Internet offerings.
    22    (m)  Offering  or  providing  services  other  than broadband Internet
    23  access service that are delivered over the same last-mile connection  as
    24  the  broadband Internet access service, if those services satisfy any of
    25  the following conditions:
    26    (i) they are marketed, provide, or can be used as a functional  equiv-
    27  alent of broadband Internet access service.
    28    (ii)  they  have the purpose or effect of circumventing or undermining
    29  the effectiveness of this section.
    30    (iii) they negatively affect the  performance  of  broadband  Internet
    31  access service.
    32    2. (a) An Internet service provider may offer different types of tech-
    33  nical  treatment  to  end users as part of its broadband Internet access
    34  service, without violating the provisions of  subdivision  one  of  this
    35  section, if all of the following conditions exist:
    36    (i)  The  different types of technical treatment are equally available
    37  to all Internet content, applications, services, and  devices,  and  all
    38  classes  of  Internet  content, applications, services, and devices, and
    39  the Internet service provider does not discriminate in the provision  of
    40  the  different  types  of  technical  treatment on the basis of Internet
    41  content, application, service, or device, or class of Internet  content,
    42  application, service, or device.
    43    (ii)  The  Internet  service  provider's  end users are able to choose
    44  whether, when, and for which Internet content,  applications,  services,
    45  or  devices,  or classes of Internet content, applications, services, or
    46  devices, to use each type of technical treatment.
    47    (iii) The Internet service provider charges  only  its  own  broadband
    48  Internet  access service customers for the use of the different types of
    49  technical treatment.
    50    (b) Any Internet service provider offering different types of  techni-
    51  cal  treatment  pursuant to this subdivision shall notify the commission
    52  and provide the commission with a specimen of any service contract  that
    53  it offers to customers in New York.
    54    (c)  If an Internet service provider offers different types of techni-
    55  cal treatment pursuant to this subdivision, the commission shall monitor
    56  the quality of the basic default service and establish  minimum  quality

        S. 8321                             5
 
     1  requirements  if the offering of the different types of technical treat-
     2  ment degrades the quality of the basic default service.
     3    3.  An  Internet  service  provider  may zero-rate Internet traffic in
     4  application-agnostic ways, without violating the provisions of  subdivi-
     5  sion  one  of  this section, provided that no consideration, monetary or
     6  otherwise, is provided by any third party in exchange for the provider's
     7  decision to zero-rate or to not zero-rate traffic.
     8    § 252.  Broadband  Internet  access  evaluation.  The  commission,  in
     9  consultation  with the power authority of the state of New York, the NYS
    10  Broadband Program Office and electrical corporations, shall evaluate the
    11  role broadband Internet access and tools, especially as they  relate  to
    12  private  consumers,  will  play  in  the future operation of the state's
    13  power grid. The evaluation should consider at least the following:
    14    1. the reliance  of  electrical  corporations  on  consumer  broadband
    15  services to manage energy resources;
    16    2.  the  impact  that paid prioritization, throttling, and blocking in
    17  consumer broadband Internet service would have  on  resource  management
    18  and grid reliability; and
    19    3. the future cost to the state and agencies if state agencies need to
    20  enter  into  long-term  paid  prioritization contracts if net neutrality
    21  principles are no longer in place.
    22    § 253. Infrastructure awards. 1. An award of moneys by the NYS  Broad-
    23  band  Program  Office  for  the building of infrastructure for broadband
    24  communications shall require the awardee to prevent any Internet service
    25  provider that provides broadband Internet access service utilizing  that
    26  infrastructure  from  violating  the  provisions  of section two hundred
    27  fifty-one of this article.
    28    2. An award of moneys by the NYS Broadband Program Office  for  access
    29  to  the  Internet  shall  prohibit  any  Internet  service provider that
    30  receives those moneys from  violating  the  provisions  of  section  two
    31  hundred fifty-one of this article.
    32    §  254.  Enforcement.  In  addition  to  the  authority granted to the
    33  commission pursuant to this chapter, the attorney  general  may  enforce
    34  the  provisions  of  this  article to the extent permitted under section
    35  sixty-three of the executive law.
    36    § 255. Application. Nothing in this article supersedes or  limits  any
    37  obligation, authorization, or ability of an Internet service provider to
    38  address the needs of emergency communications or law enforcement, public
    39  safety, or national security authorities.
    40    §  3. Section 219 of the public service law is amended by adding a new
    41  subdivision 4 to read as follows:
    42    4. (a) For purposes of this section, "application-agnostic," "applica-
    43  tion-specific  differential   pricing,"   "broadband   Internet   access
    44  service,"  "class of Internet content, application, service, or device,"
    45  "content, applications,  or  services,"  "edge  provider,"  "end  user,"
    46  "Internet  service  provider,"  "ISP,"  "ISP  traffic  exchange,"  "mass
    47  market," "network management practice," "reasonable  network  management
    48  practice," "third-party paid prioritization," and "zero-rating" have the
    49  same meanings as defined in section two hundred fifty of this chapter.
    50    (b) A cable operator or video service provider that has been granted a
    51  franchise,  and  any  affiliate,  insofar  as the provider is engaged in
    52  providing broadband Internet access service, shall not engage in any  of
    53  the following activities:
    54    (i)  Blocking  lawful  content, applications, services, or non-harmful
    55  devices, subject to reasonable network management practices.

        S. 8321                             6
 
     1    (ii) Speeding up, slowing  down,  altering,  restricting,  interfering
     2  with,  or  otherwise directly or indirectly favoring, disadvantaging, or
     3  discriminating between lawful Internet traffic on the basis  of  source,
     4  destination,  Internet  content,  application,  or  service, or use of a
     5  non-harmful  device,  or  of  class  of  Internet  content, application,
     6  service, or non-harmful device, subject to reasonable network management
     7  practices.
     8    (iii) Requiring consideration from edge providers, monetary or  other-
     9  wise,  in  exchange  for  access  to the Internet service provider's end
    10  users, including, but not limited to, requiring consideration for either
    11  of the following:
    12    (A) transmitting Internet traffic to and  from  the  Internet  service
    13  provider's end users; and
    14    (B) refraining from the activities prohibited in subparagraphs (i) and
    15  (ii) of this paragraph.
    16    (iv) Engaging in third-party paid prioritization.
    17    (v) Engaging in application-specific differential pricing or zero-rat-
    18  ing  in  exchange  for  consideration,  monetary  or otherwise, by third
    19  parties.
    20    (vi) Zero-rating some Internet  content,  applications,  services,  or
    21  devices  in  a  category of Internet content, applications, services, or
    22  devices, but not the entire category.
    23    (vii) Engaging in application-specific differential pricing.
    24    (viii) Unreasonably interfering with, or unreasonably  disadvantaging,
    25  either an end user's ability to select, access, and use broadband Inter-
    26  net  access  service or lawful Internet content, applications, services,
    27  or devices of the end user's choice, or an edge  provider's  ability  to
    28  make  lawful content, applications, services, or devices available to an
    29  end user, subject to reasonable network management practices.
    30    (ix) Engaging  in  practices  with  respect  to,  related  to,  or  in
    31  connection with, ISP traffic exchange that have the purpose or effect of
    32  circumventing or undermining the effectiveness of this subdivision.
    33    (x)  Engaging  in  deceptive  or  misleading  marketing practices that
    34  misrepresent the treatment of Internet traffic,  content,  applications,
    35  services, or devices by the Internet service provider, or that misrepre-
    36  sent  the  performance characteristics or commercial terms of the broad-
    37  band Internet access service to its customers.
    38    (xi) Advertising, offering for sale,  or  selling  broadband  Internet
    39  access  service  without  prominently  disclosing  with  specificity all
    40  aspects of the service advertised, offered for sale, or sold.
    41    (xii) Failing to publicly disclose accurate information regarding  the
    42  network  management  practices, performance, and commercial terms of its
    43  broadband Internet access services  sufficient  for  consumers  to  make
    44  informed choices regarding use of those services and for content, appli-
    45  cation,  service,  and device providers to develop, market, and maintain
    46  Internet offerings.
    47    (xiii) Offering or providing services other  than  broadband  Internet
    48  access services that are delivered over the same last-mile connection as
    49  the  broadband Internet access service, if those services satisfy any of
    50  the following conditions:
    51    (A) they are marketed, provide, or can be used as a functional  equiv-
    52  alent of broadband Internet access service; or
    53    (B)  they  have  the purpose or effect of circumventing or undermining
    54  the effectiveness of this section; or
    55    (C) they negatively  affect  the  performance  of  broadband  Internet
    56  access service.

        S. 8321                             7
 
     1    (c)  (i)  An  Internet  service  provider may offer different types of
     2  technical treatment to end users  as  part  of  its  broadband  Internet
     3  access  service if it meets the conditions specified in paragraph (a) of
     4  subdivision two of section two hundred fifty-one of this chapter.
     5    (ii)  An  Internet  service provider may zero-rate Internet traffic in
     6  application-agnostic ways, provided that no consideration,  monetary  or
     7  otherwise, is provided by any third party in exchange for the provider's
     8  decision to zero-rate or to not zero-rate traffic.
     9    (d)  In  addition  to the authority granted the commission pursuant to
    10  this chapter, the attorney general may enforce the  provisions  of  this
    11  article  to the extent permitted under section sixty-three of the execu-
    12  tive law.
    13    § 4. Section 119-a of the public service law, as added by chapter  703
    14  of the laws of 1978, is amended to read as follows:
    15    § 119-a. Attachments  to utility poles; use of utility ducts, trenches
    16  and conduits. 1. The commission  shall  prescribe  just  and  reasonable
    17  rates, terms and conditions for attachments to utility poles and the use
    18  of  utility  ducts,  trenches  and  conduits. A just and reasonable rate
    19  shall assure the utility of the recovery of not less than the additional
    20  cost of providing a pole attachment  or  of  using  a  trench,  duct  or
    21  conduit  nor more than the actual operating expenses and return on capi-
    22  tal of the utility attributed to that portion of the pole, duct,  trench
    23  or  conduit used.   With respect to cable television or internet service
    24  attachments and use, such portion  shall  be  the  percentage  of  total
    25  usable space on a pole or the total capacity of the duct or conduit that
    26  is  occupied  by  the  facilities of the user. Usable space shall be the
    27  space on a utility pole above the minimum grade level which can be  used
    28  for the attachment of wires and cables.
    29    2.  No  permission  shall be granted to a cable television or Internet
    30  service provider for attachments on utility poles as  provided  in  this
    31  section  unless such Internet service provider is in compliance with the
    32  provisions of section two hundred fifty-one of this chapter.
    33    § 5. Section 165 of the state finance law is amended by adding  a  new
    34  subdivision 9 to read as follows:
    35    9. Internet neutrality. a. For purposes of this subdivision:
    36    (i)  "broadband Internet access service," "Internet service provider,"
    37  "network management practice," and "reasonable network management  prac-
    38  tice"  shall  have  the  same meanings as defined in section two hundred
    39  fifty of the public service law; and
    40    (ii) "the state" includes the state and  any  governmental  agency  or
    41  political subdivision or public benefit corporation of the state.
    42    b.  (i)  The  state  shall  not purchase any fixed or mobile broadband
    43  Internet access services from an Internet service provider  that  is  in
    44  violation  of  the  provisions  of  section two hundred fifty-one of the
    45  public service law.
    46    (ii) The state shall not provide funding for the purchase of any fixed
    47  or mobile broadband Internet access services from  an  Internet  service
    48  provider  that  is in violation of the provisions of section two hundred
    49  fifty-one of the public service law.
    50    c. (i) Every contract  between  the  state  and  an  Internet  service
    51  provider  for  broadband  Internet access service shall require that the
    52  service be rendered consistent with  the  requirements  of  section  two
    53  hundred fifty-one of the public service law.
    54    (ii)  If,  after execution of a contract for broadband Internet access
    55  service the state determines that  the  Internet  service  provider  has
    56  violated  the  provisions of section two hundred fifty-one of the public

        S. 8321                             8
 
     1  service law in providing service to the state, the state may declare the
     2  contract void from the time it was entered into and require repayment of
     3  any payments made to the  Internet  service  provider  pursuant  to  the
     4  contract.  The  remedies available pursuant to this section are in addi-
     5  tion to any remedy available pursuant to  article  twenty-two-A  of  the
     6  general business law.
     7    d.  It  shall  not  be  a  violation  of this article for the state to
     8  purchase or fund fixed or mobile broadband Internet access services in a
     9  geographical area where Internet access services are only available from
    10  a single broadband Internet access service provider.
    11    e. An Internet service provider that provides fixed or  mobile  broad-
    12  band  Internet  access  service  purchased  or funded by the state shall
    13  publicly disclose accurate information regarding the network  management
    14  practices,  performance,  and commercial terms of its broadband Internet
    15  access service that is sufficient to enable end users of those purchased
    16  or funded services, including the state, to fully and accurately  ascer-
    17  tain  if  the  service  is  conducted in a lawful manner pursuant to the
    18  provisions of section two hundred fifty-one of the public service law.
    19    § 6. The general municipal law is amended  by  adding  a  new  section
    20  104-d to read as follows:
    21    § 104-d. Internet neutrality. 1. For purposes of this section, "broad-
    22  band  Internet  access  service,"  "Internet service provider," "network
    23  management practice," and "reasonable network management practice" shall
    24  have the same meanings as defined in section two hundred  fifty  of  the
    25  public service law.
    26    2.  a.  A municipal corporation shall not purchase any fixed or mobile
    27  broadband Internet access services from  an  Internet  service  provider
    28  that  is in violation of the provisions of section two hundred fifty-one
    29  of the public service law.
    30    b. A municipal corporation shall not provide funding for the  purchase
    31  of any fixed or mobile broadband Internet access services from an Inter-
    32  net  service  provider that is in violation of the provisions of section
    33  two hundred fifty-one of the public service law.
    34    3. a. Every contract between a municipal corporation and  an  Internet
    35  service  provider  for  broadband  Internet access service shall require
    36  that the service be rendered consistent with the requirements of section
    37  two hundred fifty-one of the public service law.
    38    b. If, after execution of a contract  for  broadband  Internet  access
    39  service,  a  municipal  corporation determines that the Internet service
    40  provider has violated the provisions of section two hundred fifty-one of
    41  the public service law in providing  service  to  the  municipal  corpo-
    42  ration, the municipal corporation may declare the contract void from the
    43  time  it  was entered into and require repayment of any payments made to
    44  the Internet service provider pursuant to  the  contract.  The  remedies
    45  available  pursuant to this section are in addition to any remedy avail-
    46  able pursuant to article twenty-two-A of the general business law.
    47    4. It shall not be a violation of this article for a municipal  corpo-
    48  ration  to  purchase  or  fund fixed or mobile broadband Internet access
    49  services in a geographical area where Internet access services are  only
    50  available from a single broadband Internet access service provider.
    51    5.  An  Internet service provider that provides fixed or mobile broad-
    52  band Internet access service purchased or funded by a  municipal  corpo-
    53  ration  shall  publicly  disclose  accurate  information  regarding  the
    54  network management practices, performance, and commercial terms  of  its
    55  broadband Internet access service that is sufficient to enable end users
    56  of  those  purchased  or  funded  services, including a municipal corpo-

        S. 8321                             9
 
     1  ration, to fully and accurately ascertain if the service is conducted in
     2  a lawful manner pursuant  to  the  provisions  of  section  two  hundred
     3  fifty-one of the public service law.
     4    §  7.  Subdivision  3 of section 2879 of the public authorities law is
     5  amended by adding a new paragraph (n-1) to read as follows:
     6    (n-1) Requirements to conduct procurements in a manner  that  complies
     7  with  the  provisions  of  section  two  hundred fifty-one of the public
     8  service law.
     9    § 8. Section 143 of the economic development law is amended by  adding
    10  a new subdivision 5 to read as follows:
    11    5.  Each  agency  shall conduct procurements in a manner that complies
    12  with the provisions of section  two  hundred  fifty-one  of  the  public
    13  service law.
    14    §  9.  Severability.  If any provision of this act, or the application
    15  thereof to any person or circumstances, is held invalid  or  unconstitu-
    16  tional,  that  invalidity  or unconstitutionality shall not affect other
    17  provisions or applications of this act that can be given effect  without
    18  the  invalid  or  unconstitutional provision or application, and to this
    19  end the provisions of this act are severable.
    20    § 10. This act shall take effect on the sixtieth day  after  it  shall
    21  have  become  a  law.    Effective  immediately, the addition, amendment
    22  and/or repeal of any rule or regulation necessary for the implementation
    23  of this act on  its  effective  date  are  authorized  to  be  made  and
    24  completed on or before such effective date.
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