Requires the public service commission to review broadband and fiber optic services within the state and requires the expansion of broadband and fiber optic services.
STATE OF NEW YORK
________________________________________________________________________
6679--C
2019-2020 Regular Sessions
IN ASSEMBLY
March 15, 2019
___________
Introduced by M. of A. RYAN, BURKE, WALLACE, SMITH, D'URSO,
PHEFFER AMATO, FRONTUS, LAVINE, BRAUNSTEIN, M. G. MILLER, SIMOTAS,
WEPRIN, RAMOS, JEAN-PIERRE, REYES, SOLAGES, STERN, OTIS, STECK, ORTIZ,
SAYEGH, DeSTEFANO, GARBARINO, MOSLEY, L. ROSENTHAL, DINOWITZ, BLAKE,
GOTTFRIED, ROZIC, CARROLL, KIM, CRUZ, RICHARDSON, EPSTEIN, QUART,
BUCHWALD, STIRPE, NIOU, LENTOL, SANTABARBARA, McMAHON, TAYLOR, GLICK,
BARNWELL, SEAWRIGHT, DiPIETRO, DE LA ROSA, BENEDETTO, B. MILLER,
NORRIS, JOYNER, JACOBSON, ABINANTI, FERNANDEZ, PICHARDO, RIVERA, MORI-
NELLO, SIMON, STEC -- Multi-Sponsored by -- M. of A. ARROYO, CROUCH,
ENGLEBRIGHT, GALEF, GIGLIO, NOLAN, THIELE -- read once and referred to
the Committee on Corporations, Authorities and Commissions -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- recommitted to the Committee on Corpo-
rations, Authorities and Commissions in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Ways and Means -- reported and referred to the
Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the public service law, in relation to the public
service commission reviewing broadband and fiber optic 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. Short title. This act shall be known and may be cited as
2 the "comprehensive broadband connectivity act".
3 § 2. Legislative findings. The legislature hereby finds and declares
4 that access to high-speed internet is a fundamental right and it is
5 incumbent upon the State to ensure provision of this right to every New
6 Yorker. Yet many areas of the state do not have access to adequate
7 broadband services. The lack of competition in the telecommunications
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00855-07-0
A. 6679--C 2
1 marketplace has been a cause of deteriorated service for customers and
2 users of regulated telephonic and telecommunications services. The lack
3 of access to adequate internet services for schools, businesses, fami-
4 lies, and healthcare facilities has had substantial negative economic
5 and social impact particularly in rural and other underserved and
6 unserved communities.
7 § 3. The public service law is amended by adding a new section 224-c
8 to read as follows:
9 § 224-c. Broadband and fiber optic services. 1. For the purposes of
10 this section:
11 (a) The term "served" means any location with at least two internet
12 service providers and at least one such provider offers high-speed
13 internet service.
14 (b) The term "underserved" means any location which has fewer than two
15 internet service providers, or has internet speeds of at least 25 mega-
16 bits per second (mbps) download but less than 100 mbps download avail-
17 able.
18 (c) The term "unserved" means any location which has no fixed wireless
19 service or wired service with speeds of 25 mbps download or less avail-
20 able.
21 (d) The term "high-speed internet service" means internet service of
22 at least 100 mbps download and at least 10 mbps upload.
23 (e) The term "broadband service" shall mean a mass-market retail
24 service that provides the capability to transmit data to and receive
25 data from all or substantially all internet endpoints, including any
26 capabilities that are incidental to and enable the operation of the
27 communications service, but shall not include dial-up service.
28 (f) The term "location" shall mean a geographic area smaller than a
29 census tract.
30 (g) The term "internet service provider" shall mean any person, busi-
31 ness or organization qualified to do business in this state that
32 provides individuals, corporations, or other entities with the ability
33 to connect to the internet.
34 2. The commission shall study the availability, affordability and
35 reliability of high-speed internet and broadband services in New York
36 state. The commission shall:
37 (a) assess the efficacy and make recommendations regarding levels of
38 competition among providers, as well as any regulatory and statutory
39 barriers, in order to deliver comprehensive statewide access to high-
40 speed internet;
41 (b) review available technology to identify solutions that best
42 support high-speed internet service in underserved or unserved areas,
43 and make recommendations on ensuring deployment of such technology in
44 underserved and unserved areas;
45 (c) identify instances where local franchise agreements and legal
46 settlements related to internet access have not been complied with;
47 (d) identify locations where insufficient access to high-speed inter-
48 net and/or broadband service, and/or persistent digital divide, is caus-
49 ing negative social or economic impact on the community;
50 (e) identify locations where the commission believes fiber optic
51 service is necessary for the successful implementation of commission's
52 policies on competition, affordability, and adequate service;
53 (f) examine any other telecommunications deficiencies affecting broad-
54 band service it deems necessary to further the economic and social goals
55 of the state; and
A. 6679--C 3
1 (g) produce, maintain and publish on its website, a detailed internet
2 access map of the state, indicating access to internet service by
3 location. Such map shall include, but not be limited to, the following
4 information for each location:
5 (i) download and upload speeds advertised and experienced;
6 (ii) the consistency and reliability of download and upload speeds
7 including latency;
8 (iii) the types of internet service and technologies available includ-
9 ing but not limited to dial-up, broadband, wireless, fiber, coax, or
10 satellite;
11 (iv) the number of internet service providers available, the price of
12 internet service available; and
13 (v) any other factors the commission may deem relevant.
14 3. The commission shall submit a report of its findings and recommen-
15 dations from the study required in subdivision two of this section, to
16 the governor, the temporary president of the senate and the speaker of
17 the assembly no later than one year after the effective date of this
18 section, and an updated report annually thereafter. Such report shall
19 include, but not be limited to, the following:
20 (a) the overall number of residences with access to high-speed inter-
21 net identifying which areas are served, unserved and underserved;
22 (b) a regional survey of internet service prices in comparison to
23 county-level median income;
24 (c) an analysis of the affordability of high-speed internet service in
25 New York state;
26 (d) any relevant usage statistics;
27 (e) any other metrics or analyses the commission deems necessary in
28 order to assess the availability, affordability and reliability of
29 internet service in New York state; and
30 (f) the map maintained pursuant to paragraph (g) of subdivision two of
31 this section.
32 4. The commission shall hold at least four regional public hearings
33 within one year of the effective date of this section, to solicit input
34 from the public and other stakeholders including but not limited to
35 internet service providers, telecommunications concerns, labor organiza-
36 tions, public safety organizations, healthcare, education, agricultural
37 and other businesses or organizations.
38 5. The commission shall work with internet service providers in the
39 state to prioritize access to broadband and fiber optic services for the
40 communities determined to have experienced negative economic and social
41 impacts due to absent, insufficient, or inadequate broadband or fiber
42 optic service pursuant to subdivision one of this section.
43 6. To effectuate the purposes of this section, the commission may
44 request and shall receive from any department, division, board, bureau,
45 commission or other agency of the state or any state public authority
46 such assistance, information and data as will enable the commission to
47 carry out its powers and duties under this section.
48 § 4. This act shall take effect on the thirtieth day after it shall
49 have become a law.