senate Bill S1046

Relates to encouraging public-private partnerships to help spread broadband deployment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 25 / Jan / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 05 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to encouraging public-private partnerships to help spread broadband deployment.

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Bill Details

See Assembly Version of this Bill:
A8016
Versions:
S1046
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
State Technology Law
Laws Affected:
Amd ยง104, St Tech L
Versions Introduced in 2009-2010 Legislative Cycle:
S5170A, S5170A

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Energy and Telecommunications committee vote details

Sponsor Memo

BILL NUMBER:S1046

TITLE OF BILL:
An act
to amend the state technology law, in relation to encouraging
public-private partnerships to help spread broadband deployment

PURPOSE OR GENERAL IDEA OF BILL:
To encourage and support the
partnership of public and private sector entities in the deployment,
adoption and growth of broadband services in New York.

SUMMARY OF SPECIFIC PROVISIONS:
Section 2. Legislative Findings.
Section 3. Provides that the Office for Technology's advisory council
shall develop a public-private partnership and implement a
comprehensive statewide broadband deployment and adoption initiative,
which shall use local technology teams, achieve increased computer
literacy, and grow computer ownership. The advisory council shall
also ensure that the broadband deployment and adoption initiative
shall include a statewide inventory of broadband service
availability, a broadband mapping program, a baseline assessment of
availability of broadband to the State's households, and shall
identify barriers to adoption of broadband.

JUSTIFICATION:
Broadband technologies enable the high-speed
transmission of electronic information and play a fundamental role in
the State's economy. Electronic commerce, telecommuting, smart grid
technologies, mobile commerce, e-government and a host of other
services and business models are critical for 21st century learning
and medicine. However, broadband technologies are not evenly
dispersed and utilized among the state's citizens. Rural, inner-city,
and low-income households are often "at the back of the bus" on the
information superhighway, and are unlikely to be to reap the full
benefits of broadband access. In order to develop a strategy for
encouraging the cost-effective deployment of broadband technologies
in the state, the legislature intends to identify factors preventing
the widespread availability and use of broadband technologies.

It is important to remember that social access to broadband is just as
important as physical access. In other words, although New York is
fortunate that broadband is distributed widely across the state, the
costs can be so high that many citizens cannot afford to use the
technology.

Such a cost prohibitive deployment must also be addressed, along with
computer access and literacy barriers to broadband uptake.

As other states have found, due to the complexity and expense of
establishing universal broadband access, the creation of a new
public-private entities or public authorities can be necessary.
Virginia created the Innovative
Technology Authority with an operational arm known as the Center for
Innovative Technology. The Innovative Technology Authority/Center for
Innovative Technology is considered a nation-wide model for broadband
deployment authorities.


ConnectKentucky was based off these institutions and made impressive
strides in its effort to establish 1009,-, Broadband availability
throughout its home state. Maine has created the ConnectME authority
tasked with establishing universal broadband access in that state,
with power to designate and redesignate base-level broadband access
speeds, designate un- and under-served areas, distribute funds, and
level assessments on telecommunications providers to support those
funds.

This bill creates a public-private partnership structure more
reflective of ConnectKentucky, ConnectME and other "Connect" states
such as Ohio, Minnesota, South Carolina and Tennessee, than it is of
Virginia's public authority model.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5170A - Finance

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1046

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. PARKER, PERKINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN  ACT  to  amend  the state technology law, in relation to encouraging
  public-private partnerships to help spread broadband deployment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "connect New York act".
  S 2. Statement of legislative findings. The legislature finds that the
deployment and adoption of broadband service has  resulted  in  enhanced
economic  development  and  public  safety  for the state's communities,
improved health care and educational opportunities, and a better quality
of life for the residents of the state. Further, continued  progress  in
the deployment and adoption of broadband and other advanced telecommuni-
cations  and  information  technology services is vital to ensuring that
the state remains competitive and continues to create business  and  job
growth.  The legislature finds that the state must encourage and support
the partnership of the public  and  private  sectors  in  the  continued
growth of broadband services for the state's residents and businesses.
  S  3.  Section  104  of  the state technology law is amended by adding
three new subdivisions 3, 4 and 5 to read as follows:
  3. THE MEMBERS OF THE ADVISORY COUNCIL SHALL DEVELOP A  PUBLIC-PRIVATE
PARTNERSHIP  AND  IMPLEMENT A COMPREHENSIVE, STATEWIDE BROADBAND DEPLOY-
MENT AND ADOPTION INITIATIVE WITH THE PURPOSE OF:    ESTABLISHING  WIDE-
SPREAD  ACCESS  TO  AFFORDABLE AND RELIABLE BROADBAND SERVICE; ACHIEVING
IMPROVED  TECHNOLOGY  LITERACY,  INCREASED   COMPUTER   OWNERSHIP,   AND
INCREASED BROADBAND USE AMONG STATE RESIDENTS AND BUSINESSES; ESTABLISH-
ING  AND  EMPOWERING LOCAL GRASSROOTS TECHNOLOGY TEAMS IN EACH REGION OF
THE STATE TO PLAN FOR IMPROVED TECHNOLOGY USE ACROSS MULTIPLE  COMMUNITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02127-01-1

S. 1046                             2

SECTORS;  AND ESTABLISHING AND SUSTAINING AN ENVIRONMENT RIPE FOR BROAD-
BAND AND INFORMATION TECHNOLOGY INVESTMENT STATEWIDE. THE PUBLIC-PRIVATE
PARTNERSHIP AS SET FORTH IN THIS SECTION SHALL  INCLUDE  STATE  AGENCIES
AND  BODIES  REPRESENTING ECONOMIC DEVELOPMENT, LOCAL COMMUNITY DEVELOP-
MENT, TECHNOLOGY PLANNING, EDUCATION, HEALTHCARE, LIBRARIES,  AND  OTHER
RELEVANT  ENTITIES.  THE  PUBLIC  ENTITIES  WITHIN THE PARTNERSHIP SHALL
COLLABORATE WITH  TELECOMMUNICATIONS  PROVIDERS,  TECHNOLOGY  COMPANIES,
TELECOMMUNICATION  UNIONS,  COMMUNITY  BASED  ORGANIZATIONS AND RELEVANT
PRIVATE SECTOR ENTITIES TO ACHIEVE SUCH PURPOSES.
  4. THE MEMBERS OF THE COUNCIL SHALL ENSURE THAT THE BROADBAND  DEPLOY-
MENT AND ADOPTION INITIATIVE AS SET FORTH IN THIS SECTION SHALL INCLUDE,
BUT NOT BE LIMITED TO:
  (A) CREATING A GEOGRAPHIC STATEWIDE INVENTORY OF BROADBAND SERVICE AND
OTHER  RELEVANT  TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
THE INVENTORY SHALL:
  (I) IDENTIFY GEOGRAPHIC GAPS IN BROADBAND SERVICE THROUGH A METHOD  OF
GEOGRAPHIC  INFORMATION  SYSTEM MAPPING OF SERVICE AVAILABILITY BASED ON
THE GEOGRAPHIC BOUNDARIES OF WHERE SERVICE IS AVAILABLE  OR  UNAVAILABLE
AMONG RESIDENTIAL OR BUSINESS CUSTOMERS;
  (II)  IDENTIFY  THE  SPEEDS OF BROADBAND CONNECTIONS MADE AVAILABLE TO
INDIVIDUALS AND BUSINESSES WITHIN THE STATE, AND RELY ON THE  DATA  RATE
BENCHMARKS  FOR  BROADBAND  SERVICE  USED  BY THE FEDERAL COMMUNICATIONS
COMMISSION TO REFLECT DIFFERENT SPEED TIERS;
  (III) PROVIDE A BASELINE ASSESSMENT OF STATEWIDE BROADBAND  DEPLOYMENT
IN TERMS OF PERCENTAGE OF HOUSEHOLDS WITH BROADBAND AVAILABILITY; AND
  (IV) PROVIDE UPDATES TO SUCH DATA ANNUALLY;
  (B) TRACKING STATEWIDE RESIDENTIAL AND BUSINESS ADOPTION OF BROADBAND,
COMPUTERS,  AND  RELATED INFORMATION TECHNOLOGY; IDENTIFYING BARRIERS TO
ADOPTION; PROVIDING DEMOGRAPHIC ANALYSIS OF THESE  DATA;  AND  MEASURING
PROGRESS ON SUCH DATA ANNUALLY;
  (C) LOCAL LEVEL COLLECTION AND ANALYSIS OF THE DATA SET FORTH IN PARA-
GRAPH  (B)  OF  THIS  SUBDIVISION, DERIVED THROUGH RESEARCH METHODS THAT
PRODUCE STATISTICALLY SIGNIFICANT RESULTS, WHICH SHALL BE USED FOR PLAN-
NING EFFORTS BY THE  PUBLIC-PRIVATE  PARTNERSHIP  AND  LOCAL  TECHNOLOGY
PLANNING TEAMS SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION;
  (D)  BUILDING AND FACILITATING IN EACH DESIGNATED REGION A LOCAL TECH-
NOLOGY PLANNING TEAM WITH MEMBERS REPRESENTING A CROSS  SECTION  OF  THE
COMMUNITY,  INCLUDING  BUT  NOT  LIMITED TO REPRESENTATIVES OF BUSINESS,
TELECOMMUNICATIONS UNIONS, KINDERGARTEN THROUGH TWELFTH GRADE EDUCATION,
HEALTH CARE, LIBRARIES, HIGHER EDUCATION, COMMUNITY-BASED ORGANIZATIONS,
LOCAL GOVERNMENT, TOURISM, PARKS AND RECREATION, AND  AGRICULTURE.  EACH
TEAM  SHALL  BENCHMARK TECHNOLOGY USE ACROSS RELEVANT COMMUNITY SECTORS,
SET GOALS FOR IMPROVED TECHNOLOGY USE WITHIN EACH SECTOR, AND DEVELOP  A
TACTICAL  BUSINESS PLAN FOR ACHIEVING ITS GOALS, WITH SPECIFIC RECOMMEN-
DATIONS FOR ONLINE APPLICATION DEVELOPMENT AND DEMAND STIMULATION;
  (E) WORKING  COLLABORATIVELY  WITH  TELECOMMUNICATIONS  AND  BROADBAND
PROVIDERS AND TECHNOLOGY COMPANIES ACROSS THE STATE TO ENCOURAGE DEPLOY-
MENT  AND USE, ESPECIALLY IN UNSERVED AND UNDERSERVED AREAS, THROUGH THE
USE OF LOCAL DEMAND AGGREGATION, DATA ANALYSIS, AND OTHER STRATEGIES  TO
IMPROVE THE BUSINESS CASE FOR PROVIDERS TO DEPLOY BROADBAND;
  (F) SECURING CONTRIBUTIONS TO ESTABLISH PROGRAMS THAT IMPROVE COMPUTER
OWNERSHIP,  TECHNOLOGY  LITERACY,  AND  BROADBAND ACCESS FOR UNDERSERVED
POPULATIONS ACROSS THE STATE;
  (G) FACILITATING INFORMATION EXCHANGE REGARDING THE USE AND DEMAND FOR
BROADBAND SERVICES BETWEEN PUBLIC AND PRIVATE SECTORS; AND

S. 1046                             3

  (H) IDENTIFYING SUCH ADDITIONAL  PUBLIC-PRIVATE  PARTNERSHIP  PROJECTS
THAT  ACHIEVE  THE  GOALS  AS  SET  FORTH  IN  SUBDIVISION THREE OF THIS
SECTION, INCLUDING SECURING FUNDING FROM FEDERAL AND OTHER RESOURCES  TO
IMPLEMENT SUCH PROJECTS.
  5.  THE  MEMBERS OF THE COUNCIL SHALL CONTRACT WITH A NONPROFIT ORGAN-
IZATION TO ACCOMPLISH THE OBJECTIVES SET FORTH IN  THIS  SECTION.    THE
NONPROFIT ORGANIZATION SHALL:
  (A)  HAVE  ESTABLISHED COMPETENCY IN WORKING ON A STATEWIDE BASIS WITH
PUBLIC AND PRIVATE SECTORS TO ACCOMPLISH THE DEPLOYMENT AND ADOPTION  OF
BROADBAND SERVICE;
  (B)  HAVE  AN  ESTABLISHED  COMPETENCY WORKING DIRECTLY WITH BROADBAND
PROVIDERS IN THE HANDLING, STORAGE, AND USE OF PROPRIETARY AND  COMPETI-
TIVELY SENSITIVE DATA FOR THE PURPOSES SET FORTH IN THIS SECTION; AND
  (C)  ENTER  INTO  VOLUNTARY  NONDISCLOSURE  AGREEMENTS AS NECESSARY TO
PREVENT THE UNAUTHORIZED  DISCLOSURE  OF  CONFIDENTIAL  AND  PROPRIETARY
INFORMATION PROVIDED BY BROADBAND SERVICE PROVIDERS.
  S  4.  Nothing in this act shall be construed as giving the office for
technology or the advisory council for technology or other entities  any
additional  authority,  regulatory or otherwise, over providers of tele-
communications and information technology.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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