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
________________________________________________________________________
5696--A
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
___________
Introduced by Sens. METZGER, MAY, GALLIVAN, BIAGGI, BAILEY, BENJAMIN,
BORRELLO, BOYLE, BROOKS, GAUGHRAN, GOUNARDES, HARCKHAM, HELMING, HOYL-
MAN, JACKSON, JORDAN, KRUEGER, LIU, MARTINEZ, MAYER, MYRIE, RIVERA,
SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Energy and
Telecommunications -- recommitted to the Committee on Energy and Tele-
communications in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
8 marketplace has been a cause of deteriorated service for customers and
9 users of regulated telephonic and telecommunications services. The lack
10 of access to adequate internet services for schools, businesses, fami-
11 lies, and healthcare facilities has had substantial negative economic
12 and social impact particularly in rural and other underserved and
13 unserved communities.
14 § 3. The public service law is amended by adding a new section 224-c
15 to read as follows:
16 § 224-c. Broadband and fiber optic services. 1. For the purposes of
17 this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11628-05-0
S. 5696--A 2
1 (a) The term "served" means any location with at least two internet
2 service providers and at least one such provider offers high-speed
3 internet service.
4 (b) The term "underserved" means any location which has fewer than two
5 internet service providers, or has internet speeds of at least 25 mega-
6 bits per second (mbps) download but less than 100 mbps download avail-
7 able.
8 (c) The term "unserved" means any location which has no fixed wireless
9 service or wired service with speeds of 25 mbps download or less avail-
10 able.
11 (d) The term "high-speed internet service" means internet service of
12 at least 100 mbps download and at least 10 mbps upload.
13 (e) The term "broadband service" shall mean a mass-market retail
14 service that provides the capability to transmit data to and receive
15 data from all or substantially all internet endpoints, including any
16 capabilities that are incidental to and enable the operation of the
17 communications service, but shall not include dial-up service.
18 (f) The term "location" shall mean a geographic area smaller than a
19 census tract.
20 2. The commission shall study the availability, affordability and
21 reliability of high-speed internet and broadband services in New York
22 state. The commission shall:
23 (a) assess the efficacy and make recommendations regarding levels of
24 competition among providers, as well as any regulatory and statutory
25 barriers, in order to deliver comprehensive statewide access to high-
26 speed internet;
27 (b) review available technology to identify solutions that best
28 support high-speed internet service in underserved or unserved areas,
29 and make recommendations on ensuring deployment of such technology in
30 underserved and unserved areas;
31 (c) identify instances where local franchise agreements and legal
32 settlements related to internet access have not been complied with;
33 (d) identify locations where insufficient access to high-speed inter-
34 net and/or broadband service, and/or persistent digital divide, is caus-
35 ing negative social or economic impact on the community;
36 (e) identify locations where the commission believes fiber optic
37 service is necessary for the successful implementation of commission's
38 policies on competition, affordability, and adequate service;
39 (f) examine any other telecommunications deficiencies affecting broad-
40 band service it deems necessary to further the economic and social goals
41 of the state; and
42 (g) produce, maintain and publish on its website, a detailed internet
43 access map of the state, indicating access to internet service by
44 location. Such map shall include, but not be limited to, the following
45 information for each location:
46 (i) download and upload speeds advertised and experienced;
47 (ii) the consistency and reliability of download and upload speeds
48 including latency;
49 (iii) the types of internet service and technologies available includ-
50 ing but not limited to dial-up, broadband, wireless, fiber, coax, or
51 satellite;
52 (iv) the number of internet service providers available, the price of
53 internet service available; and
54 (v) any other factors the commission may deem relevant.
55 3. The commission shall submit a report of its findings and recommen-
56 dations from the study required in subdivision two of this section, to
S. 5696--A 3
1 the governor, the temporary president of the senate and the speaker of
2 the assembly no later than one year after the effective date of this
3 section, and an updated report annually thereafter. Such report shall
4 include, but not be limited to, the following:
5 (a) the overall number of residences with access to high-speed inter-
6 net identifying which areas are served, unserved and underserved;
7 (b) a regional survey of internet service prices in comparison to
8 county-level median income;
9 (c) an analysis of the affordability of high-speed internet service in
10 New York state;
11 (d) any relevant usage statistics;
12 (e) any other metrics or analyses the commission deems necessary in
13 order to assess the availability, affordability and reliability of
14 internet service in New York state; and
15 (f) the map maintained pursuant to paragraph (g) of subdivision two of
16 this section.
17 4. The commission shall hold at least four regional public hearings
18 within one year of the effective date of this section, to solicit input
19 from the public and other stakeholders including but not limited to
20 internet service providers, telecommunications concerns, labor organiza-
21 tions, public safety organizations, healthcare, education, agricultural
22 and other businesses or organizations.
23 5. The commission shall work with internet service providers in the
24 state to prioritize access to broadband and fiber optic services for the
25 communities determined to have experienced negative economic and social
26 impacts due to absent, insufficient, or inadequate broadband or fiber
27 optic service pursuant to subdivision one of this section.
28 6. To effectuate the purposes of this section, the commission may
29 request and shall receive from any department, division, board, bureau,
30 commission or other agency of the state or any state public authority
31 such assistance, information and data as will enable the commission to
32 carry out its powers and duties under this section.
33 § 4. The article heading of article 11 of the public service law, as
34 added by chapter 83 of the laws of 1995, is amended to read as follows:
35 PROVISIONS RELATING TO CABLE TELEVISION COMPANIES
36 AND INTERNET SERVICE PROVIDERS
37 § 5. Section 212 of the public service law is amended by adding a new
38 subdivision 15 to read as follows:
39 15. "Internet service provider" shall mean any person, business or
40 organization qualified to do business in this state that provides indi-
41 viduals, corporations, or other entities with the ability to connect to
42 the internet.
43 § 6. This act shall take effect on the thirtieth day after it shall
44 have become a law.
