A03642 Summary:

BILL NOA03642
 
SAME ASSAME AS S02263
 
SPONSORVanel (MS)
 
COSPNSRGalef, Gottfried, Jean-Pierre, Simon, Thiele, Woerner, Raia, Cahill, Ortiz, Mosley, Barron, Pichardo, Montesano, Blake, Bichotte, Rivera, Niou, Ra
 
MLTSPNSRLentol
 
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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A03642 Actions:

BILL NOA03642
 
01/30/2019referred to corporations, authorities and commissions
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A03642 Committee Votes:

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A03642 Floor Votes:

There are no votes for this bill in this legislative session.
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A03642 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3642
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  VANEL, GALEF, GOTTFRIED, JEAN-PIERRE, SIMON,
          THIELE,  WOERNER,  RAIA,  CAHILL,  ORTIZ,  MOSLEY,  BARRON,  PICHARDO,
          MONTESANO,  BLAKE, BICHOTTE, RIVERA, NIOU, RA -- Multi-Sponsored by --
          M. of A. LENTOL -- read once and referred to the Committee  on  Corpo-
          rations, Authorities and Commissions

        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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02819-01-9

        A. 3642                             2
 
     1    (7) business and economic activity;
     2    (8)  environmental monitoring and protection, and achievement of state
     3  environmental goals; and
     4    (9) land use regulation.
     5    § 2. The public service law is amended by adding a new article  12  to
     6  read as follows:
     7                                  ARTICLE 12
     8              PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
     9  Section 250. Definitions.
    10          251. Internet neutrality.
    11          252. Broadband Internet access evaluation.
    12          253. Infrastructure awards.
    13          254. Enforcement.
    14          255. Application.
    15    §  250. Definitions. For purposes of this article, the following defi-
    16  nitions apply:
    17    1. "Application-agnostic" means not differentiating on  the  basis  of
    18  source,  destination, Internet content, application, service, or device,
    19  or class of Internet content, application, service, or device.
    20    2. "Application-specific differential pricing" means charging  differ-
    21  ent  prices  for  Internet traffic to customers on the basis of Internet
    22  content, application, service, or device, or class of Internet  content,
    23  application, service, or device, but does not include zero-rating.
    24    3.  "Broadband  Internet  access  service"  means a mass-market retail
    25  service by wire or radio provided to customers in New York that provides
    26  the capability to transmit data  to,  and  receive  data  from,  all  or
    27  substantially  all  Internet  endpoints, including any capabilities that
    28  are incidental  to  and  enable  the  operation  of  the  communications
    29  service,  but  excluding  dial-up  Internet  access  service. "Broadband
    30  Internet access  service"  also  encompasses  any  service  provided  to
    31  customers  in  New  York  that  provides a functional equivalent of that
    32  service or that is used to evade the protections set forth in this chap-
    33  ter.
    34    4. "Class of Internet content, application, service, or device"  means
    35  Internet  content,  or  a  group  of Internet applications, services, or
    36  devices, sharing a common characteristic, including, but not limited to,
    37  sharing the same source or destination, belonging to the  same  type  of
    38  content, application, service, or device, using the same application- or
    39  transport-layer  protocol,  or having similar technical characteristics,
    40  including, but not limited to, the size, sequencing, or timing of  pack-
    41  ets, or sensitivity to delay.
    42    5.  "Content,  applications,  or  services" means all Internet traffic
    43  transmitted to or from end users of a broadband Internet access service,
    44  including traffic that may not fit clearly into any of these categories.
    45    6. "Edge provider" means any individual or entity  that  provides  any
    46  content,  application,  or service over the Internet, and any individual
    47  or entity that provides a device used for accessing any content,  appli-
    48  cation, or service over the Internet.
    49    7.  "End  user"  means  any individual or entity that uses a broadband
    50  Internet access service.
    51    8. "Internet service provider" or "ISP" means a business that provides
    52  broadband Internet access service to an individual, corporation, govern-
    53  ment, or other customer in New York.
    54    9. "ISP traffic exchange"  means  the  exchange  of  Internet  traffic
    55  destined  for,  or  originating from, an Internet service provider's end
    56  users between the Internet service provider's network and another  indi-

        A. 3642                             3

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

        A. 3642                             4
 
     1    (f) Zero-rating some  Internet  content,  applications,  services,  or
     2  devices  in  a  category of Internet content, applications, services, or
     3  devices, but not the entire category.
     4    (g) Engaging in application-specific differential pricing.
     5    (h)  Unreasonably  interfering  with,  or unreasonably disadvantaging,
     6  either an end user's ability to select, access, and use broadband Inter-
     7  net access service or lawful Internet content,  applications,  services,
     8  or  devices  of  the end user's choice, or an edge provider's ability to
     9  make lawful content, applications, services, or devices available to  an
    10  end user, subject to reasonable network management practices.
    11    (i)  Engaging  in  practices  with  respect  to,  related  to,  or  in
    12  connection with, ISP traffic exchange that have the purpose or effect of
    13  circumventing or undermining the effectiveness of this section.
    14    (j) Engaging in  deceptive  or  misleading  marketing  practices  that
    15  misrepresent  the  treatment of Internet traffic, content, applications,
    16  services, or devices by the Internet service provider, or that misrepre-
    17  sent the performance characteristics or commercial terms of  the  broad-
    18  band Internet access service to its customers.
    19    (k)  Advertising,  offering  for  sale,  or selling broadband Internet
    20  access service  without  prominently  disclosing  with  specificity  all
    21  aspects of the service advertised, offered for sale, or sold.
    22    (l)  Failing  to  publicly disclose accurate information regarding the
    23  network management practices, performance, and commercial terms  of  its
    24  broadband  Internet  access  services  sufficient  for consumers to make
    25  informed choices regarding use of those services and for content, appli-
    26  cation, service, and device providers to develop, market,  and  maintain
    27  Internet offerings.
    28    (m)  Offering  or  providing  services  other  than broadband Internet
    29  access service that are delivered over the same last-mile connection  as
    30  the  broadband Internet access service, if those services satisfy any of
    31  the following conditions:
    32    (i) they are marketed, provide, or can be used as a functional  equiv-
    33  alent of broadband Internet access service.
    34    (ii)  they  have the purpose or effect of circumventing or undermining
    35  the effectiveness of this section.
    36    (iii) they negatively affect the  performance  of  broadband  Internet
    37  access service.
    38    2. (a) An Internet service provider may offer different types of tech-
    39  nical  treatment  to  end users as part of its broadband Internet access
    40  service, without violating the provisions of  subdivision  one  of  this
    41  section, if all of the following conditions exist:
    42    (i)  The  different types of technical treatment are equally available
    43  to all Internet content, applications, services, and  devices,  and  all
    44  classes  of  Internet  content, applications, services, and devices, and
    45  the Internet service provider does not discriminate in the provision  of
    46  the  different  types  of  technical  treatment on the basis of Internet
    47  content, application, service, or device, or class of Internet  content,
    48  application, service, or device.
    49    (ii)  The  Internet  service  provider's  end users are able to choose
    50  whether, when, and for which Internet content,  applications,  services,
    51  or  devices,  or classes of Internet content, applications, services, or
    52  devices, to use each type of technical treatment.
    53    (iii) The Internet service provider charges  only  its  own  broadband
    54  Internet  access service customers for the use of the different types of
    55  technical treatment.

        A. 3642                             5
 
     1    (b) Any Internet service provider offering different types of  techni-
     2  cal  treatment  pursuant to this subdivision shall notify the commission
     3  and provide the commission with a specimen of any service contract  that
     4  it offers to customers in New York.
     5    (c)  If an Internet service provider offers different types of techni-
     6  cal treatment pursuant to this subdivision, the commission shall monitor
     7  the quality of the basic default service and establish  minimum  quality
     8  requirements  if the offering of the different types of technical treat-
     9  ment degrades the quality of the basic default service.
    10    3. An Internet service provider  may  zero-rate  Internet  traffic  in
    11  application-agnostic  ways, without violating the provisions of subdivi-
    12  sion one of this section, provided that no  consideration,  monetary  or
    13  otherwise, is provided by any third party in exchange for the provider's
    14  decision to zero-rate or to not zero-rate traffic.
    15    §  252.  Broadband  Internet  access  evaluation.  The  commission, in
    16  consultation with the power authority of the state of New York, the  NYS
    17  Broadband Program Office and electrical corporations, shall evaluate the
    18  role  broadband  Internet access and tools, especially as they relate to
    19  private consumers, will play in the  future  operation  of  the  state's
    20  power grid. The evaluation should consider at least the following:
    21    1.  the  reliance  of  electrical  corporations  on consumer broadband
    22  services to manage energy resources;
    23    2. the impact that paid prioritization, throttling,  and  blocking  in
    24  consumer  broadband  Internet  service would have on resource management
    25  and grid reliability; and
    26    3. the future cost to the state and agencies if state agencies need to
    27  enter into long-term paid prioritization  contracts  if  net  neutrality
    28  principles are no longer in place.
    29    §  253. Infrastructure awards. 1. An award of moneys by the NYS Broad-
    30  band Program Office for the building  of  infrastructure  for  broadband
    31  communications shall require the awardee to prevent any Internet service
    32  provider  that provides broadband Internet access service utilizing that
    33  infrastructure from violating the  provisions  of  section  two  hundred
    34  fifty-one of this article.
    35    2.  An  award of moneys by the NYS Broadband Program Office for access
    36  to the Internet  shall  prohibit  any  Internet  service  provider  that
    37  receives  those  moneys  from  violating  the  provisions of section two
    38  hundred fifty-one of this article.
    39    § 254. Enforcement. In  addition  to  the  authority  granted  to  the
    40  commission  pursuant  to  this chapter, the attorney general may enforce
    41  the provisions of this article to the  extent  permitted  under  section
    42  sixty-three of the executive law.
    43    §  255.  Application. Nothing in this article supersedes or limits any
    44  obligation, authorization, or ability of an Internet service provider to
    45  address the needs of emergency communications or law enforcement, public
    46  safety, or national security authorities.
    47    § 3. Section 219 of the public service law is amended by adding a  new
    48  subdivision 4 to read as follows:
    49    4. (a) For purposes of this section, "application-agnostic," "applica-
    50  tion-specific   differential   pricing,"   "broadband   Internet  access
    51  service," "class of Internet content, application, service, or  device,"
    52  "content,  applications,  or  services,"  "edge  provider,"  "end user,"
    53  "Internet  service  provider,"  "ISP,"  "ISP  traffic  exchange,"  "mass
    54  market,"  "network  management practice," "reasonable network management
    55  practice," "third-party paid prioritization," and "zero-rating" have the
    56  same meanings as defined in section two hundred fifty of this chapter.

        A. 3642                             6
 
     1    (b) A cable operator or video service provider that has been granted a
     2  franchise, and any affiliate, insofar as  the  provider  is  engaged  in
     3  providing  broadband Internet access service, shall not engage in any of
     4  the following activities:
     5    (i)  Blocking  lawful  content, applications, services, or non-harmful
     6  devices, subject to reasonable network management practices.
     7    (ii) Speeding up, slowing  down,  altering,  restricting,  interfering
     8  with,  or  otherwise directly or indirectly favoring, disadvantaging, or
     9  discriminating between lawful Internet traffic on the basis  of  source,
    10  destination,  Internet  content,  application,  or  service, or use of a
    11  non-harmful device,  or  of  class  of  Internet  content,  application,
    12  service, or non-harmful device, subject to reasonable network management
    13  practices.
    14    (iii)  Requiring consideration from edge providers, monetary or other-
    15  wise, in exchange for access to  the  Internet  service  provider's  end
    16  users, including, but not limited to, requiring consideration for either
    17  of the following:
    18    (A)  transmitting  Internet  traffic  to and from the Internet service
    19  provider's end users; and
    20    (B) refraining from the activities prohibited in subparagraphs (i) and
    21  (ii) of this paragraph.
    22    (iv) Engaging in third-party paid prioritization.
    23    (v) Engaging in application-specific differential pricing or zero-rat-
    24  ing in exchange for  consideration,  monetary  or  otherwise,  by  third
    25  parties.
    26    (vi)  Zero-rating  some  Internet  content, applications, services, or
    27  devices in a category of Internet content,  applications,  services,  or
    28  devices, but not the entire category.
    29    (vii) Engaging in application-specific differential pricing.
    30    (viii)  Unreasonably interfering with, or unreasonably disadvantaging,
    31  either an end user's ability to select, access, and use broadband Inter-
    32  net access service or lawful Internet content,  applications,  services,
    33  or  devices  of  the end user's choice, or an edge provider's ability to
    34  make lawful content, applications, services, or devices available to  an
    35  end user, subject to reasonable network management practices.
    36    (ix)  Engaging  in  practices  with  respect  to,  related  to,  or in
    37  connection with, ISP traffic exchange that have the purpose or effect of
    38  circumventing or undermining the effectiveness of this subdivision.
    39    (x) Engaging in  deceptive  or  misleading  marketing  practices  that
    40  misrepresent  the  treatment of Internet traffic, content, applications,
    41  services, or devices by the Internet service provider, or that misrepre-
    42  sent the performance characteristics or commercial terms of  the  broad-
    43  band Internet access service to its customers.
    44    (xi)  Advertising,  offering  for  sale, or selling broadband Internet
    45  access service  without  prominently  disclosing  with  specificity  all
    46  aspects of the service advertised, offered for sale, or sold.
    47    (xii)  Failing to publicly disclose accurate information regarding the
    48  network management practices, performance, and commercial terms  of  its
    49  broadband  Internet  access  services  sufficient  for consumers to make
    50  informed choices regarding use of those services and for content, appli-
    51  cation, service, and device providers to develop, market,  and  maintain
    52  Internet offerings.
    53    (xiii)  Offering  or  providing services other than broadband Internet
    54  access services that are delivered over the same last-mile connection as
    55  the broadband Internet access service, if those services satisfy any  of
    56  the following conditions:

        A. 3642                             7
 
     1    (A)  they are marketed, provide, or can be used as a functional equiv-
     2  alent of broadband Internet access service; or
     3    (B)  they  have  the purpose or effect of circumventing or undermining
     4  the effectiveness of this section; or
     5    (C) they negatively  affect  the  performance  of  broadband  Internet
     6  access service.
     7    (c)  (i)  An  Internet  service  provider may offer different types of
     8  technical treatment to end users  as  part  of  its  broadband  Internet
     9  access  service if it meets the conditions specified in paragraph (a) of
    10  subdivision two of section two hundred fifty-one of this chapter.
    11    (ii) An Internet service provider may zero-rate  Internet  traffic  in
    12  application-agnostic  ways,  provided that no consideration, monetary or
    13  otherwise, is provided by any third party in exchange for the provider's
    14  decision to zero-rate or to not zero-rate traffic.
    15    (d) In addition to the authority granted the  commission  pursuant  to
    16  this  chapter,  the  attorney general may enforce the provisions of this
    17  article to the extent permitted under section sixty-three of the  execu-
    18  tive law.
    19    §  4. Section 119-a of the public service law, as added by chapter 703
    20  of the laws of 1978, is amended to read as follows:
    21    § 119-a. Attachments to utility poles; use of utility ducts,  trenches
    22  and  conduits.  1.  The  commission  shall prescribe just and reasonable
    23  rates, terms and conditions for attachments to utility poles and the use
    24  of utility ducts, trenches and conduits.  A  just  and  reasonable  rate
    25  shall assure the utility of the recovery of not less than the additional
    26  cost  of  providing  a  pole  attachment  or  of using a trench, duct or
    27  conduit nor more than the actual operating expenses and return on  capi-
    28  tal  of the utility attributed to that portion of the pole, duct, trench
    29  or conduit used.  With respect to cable television or  internet  service
    30  attachments  and  use,  such  portion  shall  be the percentage of total
    31  usable space on a pole or the total capacity of the duct or conduit that
    32  is occupied by the facilities of the user. Usable  space  shall  be  the
    33  space  on a utility pole above the minimum grade level which can be used
    34  for the attachment of wires and cables.
    35    2. No permission shall be granted to a cable  television  or  Internet
    36  service  provider  for  attachments on utility poles as provided in this
    37  section unless such Internet service provider is in compliance with  the
    38  provisions of section two hundred fifty-one of this chapter.
    39    §  5.  Section 165 of the state finance law is amended by adding a new
    40  subdivision 9 to read as follows:
    41    9. Internet neutrality. a. For purposes of this subdivision:
    42    (i) "broadband Internet access service," "Internet service  provider,"
    43  "network  management practice," and "reasonable network management prac-
    44  tice" shall have the same meanings as defined  in  section  two  hundred
    45  fifty of the public service law; and
    46    (ii)  "the  state"  includes  the state and any governmental agency or
    47  political subdivision or public benefit corporation of the state.
    48    b. (i) The state shall not purchase  any  fixed  or  mobile  broadband
    49  Internet  access  services  from an Internet service provider that is in
    50  violation of the provisions of section  two  hundred  fifty-one  of  the
    51  public service law.
    52    (ii) The state shall not provide funding for the purchase of any fixed
    53  or  mobile  broadband  Internet access services from an Internet service
    54  provider that is in violation of the provisions of section  two  hundred
    55  fifty-one of the public service law.

        A. 3642                             8

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

        A. 3642                             9
 
     1  services in a geographical area where Internet access services are  only
     2  available from a single broadband Internet access service provider.
     3    5.  An  Internet service provider that provides fixed or mobile broad-
     4  band Internet access service purchased or funded by a  municipal  corpo-
     5  ration  shall  publicly  disclose  accurate  information  regarding  the
     6  network management practices, performance, and commercial terms  of  its
     7  broadband Internet access service that is sufficient to enable end users
     8  of  those  purchased  or  funded  services, including a municipal corpo-
     9  ration, to fully and accurately ascertain if the service is conducted in
    10  a lawful manner pursuant  to  the  provisions  of  section  two  hundred
    11  fifty-one of the public service law.
    12    §  7.  Subdivision  3 of section 2879 of the public authorities law is
    13  amended by adding a new paragraph (n-1) to read as follows:
    14    (n-1) Requirements to conduct procurements in a manner  that  complies
    15  with  the  provisions  of  section  two  hundred fifty-one of the public
    16  service law.
    17    § 8. Section 143 of the economic development law is amended by  adding
    18  a new subdivision 5 to read as follows:
    19    5.  Each  agency  shall conduct procurements in a manner that complies
    20  with the provisions of section  two  hundred  fifty-one  of  the  public
    21  service law.
    22    §  9.  Severability.  If any provision of this act, or the application
    23  thereof to any person or circumstances, is held invalid  or  unconstitu-
    24  tional,  that  invalidity  or unconstitutionality shall not affect other
    25  provisions or applications of this act that can be given effect  without
    26  the  invalid  or  unconstitutional provision or application, and to this
    27  end the provisions of this act are severable.
    28    § 10. This act shall take effect on the sixtieth day  after  it  shall
    29  have  become  a  law.    Effective  immediately, the addition, amendment
    30  and/or repeal of any rule or regulation necessary for the implementation
    31  of this act on  its  effective  date  are  authorized  to  be  made  and
    32  completed on or before such effective date.
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