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A07126 Summary:

BILL NOA07126
 
SAME ASSAME AS S06066
 
SPONSORBichotte Hermelyn
 
COSPNSRColton, Hyndman, Lavine, Hevesi, Simon, Bronson, Peoples-Stokes, Hunter
 
MLTSPNSR
 
Amd §5, Pub Serv L; amd §165, St Fin L
 
Enacts the "NYS net neutrality protection act"; relates to state contracts being only with internet service providers compliant with net neutrality; prohibits the purchase of internet services from a non-net neutral source of internet services; requires certain disclosures by internet providers.
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A07126 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7126
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the public service law and the state finance law, in relation to state contracts being only with internet service providers compliant with net neutrality   PURPOSE: To ensure that state contracts for internet services are awarded only to providers that adhere to net neutrality principles, thereby promoting open and fair internet access.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Titles the act as the "NYS Net Neutrality Protection Act." Section 2. Amends the public service law by adding a new paragraph j to subdivision 1 of section 5. This includes broadband internet lines with- in the state and mandates that the Public Service Commission oversee their operations. Section 3. Adds a new subdivision 7 to section 5 of the public service law, requiring broadband internet providers to report and publicly disclose information on their network management practices, performance, and commercial terms. Section 4. Amends section 165 of the state finance law by adding new paragraphs f, g, and h, defining "net neutral source of internet services," "non-net neutral source of internet services," and the "prin- ciples of net neutrality" based on the 2015 FCC Open Internet Order. Section 5. Adds a new subdivision 9 to section 165 of the state finance law, prohibiting state contracts for Internet services with providers that do not adhere to net neutrality principles. It outlines the condi- tions for competitive and non-competitive contracts and provides for enforcement actions in cases of violation. Section 6. States that the act shall take effect immediately upon its passage.   JUSTIFICATION: Neutrality has been a core democratizing principle of the Internet since its inception. Net Neutrality is the cornerstone idea of the worldwide web that all internet data should be equal. Internet Service Providers(ISP) should not be allowed to charge different companies more or less for their data or to slow down, or block access to web sites and services they do not like. Internet service is a telecommunications service, no different from phone service. Phone companies, which are often the same companies that are ISPs, cannot make the connection worse if they do not approve of the caller on the other end of a call. Both Freedom of Speech issues and fair competition issues arise with the Pai FCC's decision to do away with the 2010 provisions of the law. The Pai FCC's vote will make it easier for ISPs to change the nature of the Internet, making some websites and services cheaper and more easily accessible, and others harder or more expensive to access. If major corporations could pay to get special treatment-faster speeds, more bandwidth- start-ups would be at a disadvantage. Hence, net neutrality protects innovation as well because without it, small business entrepre- neurs will not survive. These small businesses constitute the majority of the businesses in every region of the State comprising at least 90 percent of total businesses in each region. The deregulation of the internet will lead to a multitude of issues. We have seen this before with the deregulation of airlines and banks. Unleashing the airlines to set their own fares and routes created over- crowded planes, cramped seats, overstuffed luggage bins and exorbitant fares. Deregulation of banking allowed widespread abuses that triggered the meltdown in the financial markets in 2008 and crashed the American Economy with reverberating effect.   LEGISLATIVE HISTORY: 05/23/24: Print number 4594a 05/23/24: Amend and recommit to corporations, authorities and commis- sions 01/03/24: Referred to corporations, authorities and commissions 02/17/23: Referred to corporations, authorities and commissions 2021-2022: A1239 - Referred to Corporations, Authorities and Commis- sions; 2019-2020: A.138 - Referred to Corporations, Authorities and Commis- sions; 2017-2018: A.9057 - Referred to Corporations, Authorities and Commis- sions   FISCAL IMPLICATIONS: None.   SOCIAL AND COMMUNITY IMPACT: This legislation will strengthen local communities by promoting diversi- ty and inclusion in business ownership. Veteran-owned businesses contribute to stable communities and enhance workforce diversity, which is essential for robust community development.   ECONOMIC AND EMPLOYMENT IMPACT: The bill is expected to create jobs and stimulate economic growth by supporting veteran-owned businesses. These businesses are concentrated in industries such as professional services, construction, and mainte- nance, which align with the city's procurement needs.   ENVIRONMENTAL AND INFRASTRUCTURAL IMPACT: While the primary focus of this bill is on digital, infrastructure,.it indirectly supports environmental goals by reducing the need for phys- ical commuting through improved internet connectivity, thereby poten- tially lowering carbon emissions. The bill also encourages the develop- ment of modern infrastructure that can be more energy-efficient and sustainable.   EFFECTIVE DATE: This act shall take effect
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