Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.
STATE OF NEW YORK
________________________________________________________________________
8882--C
2017-2018 Regular Sessions
IN ASSEMBLY
December 22, 2017
___________
Introduced by M. of A. FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI, GOTT-
FRIED, ENGLEBRIGHT, THIELE, SIMON, D'URSO, GLICK, LUPARDO, JAFFEE,
ZEBROWSKI, SANTABARBARA, COLTON, CAHILL, JENNE, GALEF, MOSLEY, ARROYO,
SEAWRIGHT, PICHARDO, LIFTON, TITONE, BRABENEC, BRINDISI, DINOWITZ,
VANEL, STIRPE, L. ROSENTHAL, STECK, ABINANTI, RICHARDSON, WRIGHT,
WALLACE, O'DONNELL, TAYLOR, NIOU, QUART, CARROLL, SEPULVEDA,
DE LA ROSA -- Multi-Sponsored by -- M. of A. CROUCH, HOOPER, McDONALD
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions -- recommitted to the Committee on Corporations,
Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public service law and the state finance law, in
relation to instituting internet service neutrality
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 11 of the public service
2 law, as added by chapter 83 of the laws of 1995, is amended to read as
3 follows:
4 PROVISIONS RELATING TO CABLE TELEVISION COMPANIES AND BROADBAND
5 INTERNET SERVICE PROVIDERS
6 § 2. Section 212 of the public service law is amended by adding two
7 new subdivisions 15 and 16 to read as follows:
8 15. "Broadband internet access service" shall mean a mass-market
9 retail service that provides the capability to transmit data to and
10 receive data from all or substantially all internet endpoints, including
11 any capabilities that are incidental to and enable the operation of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13982-07-8
A. 8882--C 2
1 communications service, but shall not include dial-up internet access
2 service.
3 16. "Broadband internet service provider" shall mean any person, busi-
4 ness or organization qualified to do business in this state, including
5 municipal broadband providers, that provides individuals, corporations,
6 or other entities with broadband internet access service.
7 § 3. The section heading of section 215 of the public service law, as
8 added by chapter 83 of the laws of 1995, is amended and a new subdivi-
9 sion 14 is added to read as follows:
10 Duties of the commission in respect to cable television companies and
11 broadband internet service providers.
12 14. Develop and maintain a statewide plan for the monitoring of broad-
13 band internet service providers, including the annual certification that
14 broadband internet service providers comply with the internet service
15 neutrality requirements established in section two hundred thirty-one of
16 this article.
17 § 4. The state finance law is amended by adding a new section 148 to
18 read as follows:
19 § 148. Internet service neutrality requirements in certain procurement
20 contracts. Notwithstanding any other provision of law to the contrary,
21 where a contract that includes broadband internet access services is to
22 be awarded by a state agency as defined in section one hundred sixty of
23 this chapter or any state or local authority as such terms are defined
24 in section two of public authorities law, municipal corporation as
25 defined in section two of the general municipal law, public library or
26 association library, as such terms are defined in section two hundred
27 fifty-three of the education law, the legislature, judiciary, state
28 university of New York, or city university of New York pursuant to a
29 competitive bidding process or a request for proposal process, such
30 competitive bidding process or request for proposal and the subsequent
31 awarded contract shall require that such broadcast internet access
32 services are compliant with the internet service neutrality requirements
33 established in section two hundred thirty-one of the public service law.
34 Provided, however, the entity awarding such contract may award such
35 contract to any broadband internet service provider that is not certi-
36 fied by the public service commission pursuant to subdivision two of
37 section two hundred thirty-one of the public service law only if such
38 entity demonstrates to the public service commission that either (i)
39 there are no other broadband internet service providers available to
40 contract with, or (ii) awarding such contract to a certified broadband
41 internet service provider would result in a significant financial hard-
42 ship when compared to awarding the contract to a broadband internet
43 service provider not certified by the public service commission.
44 § 5. The public service law is amended by adding a new section 231 to
45 read as follows:
46 § 231. Internet service neutrality. 1. For purposes of this section,
47 "network management practice" shall mean a practice that has a primarily
48 technical network management justification, but does not include other
49 business practices. A "reasonable network management practice" shall
50 mean a network management practice that is primarily used for and
51 tailored to achieving a legitimate network management purpose, taking
52 into account the particular network architecture and technology of the
53 broadband internet access service.
54 2. The commission shall certify annually that any broadband internet
55 service provider qualified to do business in this state, does not:
A. 8882--C 3
1 (a) block lawful content, applications, services, or non-harmful
2 devices, subject to reasonable network management.
3 (b) impair or degrade lawful internet traffic on the basis of internet
4 content, application, or service, or use of a non-harmful device,
5 subject to reasonable network management.
6 (c) engage in paid prioritization, including, but not limited to,
7 traffic shaping, prioritization, resource reservation, or other forms of
8 preferential traffic management, either (i) in exchange for any form of
9 consideration from a third party, or (ii) to benefit an affiliated enti-
10 ty, unless the broadband internet service provider demonstrates that the
11 practice would provide a significant public interest benefit and would
12 not harm the open nature of the internet.
13 3. The commission shall annually prepare a report that lists the
14 certification status for every broadband internet service provider qual-
15 ified to do business in this state. Such report shall be published on
16 the commission's website and updated at least annually. The commission
17 shall notify the governor, the temporary president of the senate, and
18 the speaker of the assembly of the publication of such report and any
19 updates.
20 § 6. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.
