S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6347
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "comprehensive broadband connectivity act".
   §  2.  Legislative findings. The legislature hereby finds and declares
 that more granular and adequate broadband mapping is an  essential  next
 step  in  continuing  the  progress of expanding access to high-quality,
 affordable, broadband access in New York state. The New  York  Broadband
 Program  has helped expand broadband service to hundreds of thousands of
 previously underserved New Yorkers. However, many still lack access. Due
 to a lack of comprehensive data, measuring the true extent of this prob-
 lem has been hampered by the limitations of federal  data  on  broadband
 access.  More  accurate  and comprehensive data is necessary to complete
 the state's work in ensuring truly universal broadband access.
   § 3. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  BROADBAND  AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT  LEAST  TWO  INTERNET
 SERVICE  PROVIDERS  AND  AT  LEAST  ONE  SUCH PROVIDER OFFERS HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25  MEGA-
 BITS  PER  SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL-
 ABLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10146-01-1
              

 A. 6347                             2
 
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS  AVAIL-
 ABLE.
   (D)  THE  TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET SERVICE OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E) THE TERM "BROADBAND  SERVICE"  SHALL  MEAN  A  MASS-MARKET  RETAIL
 SERVICE  THAT  PROVIDES  THE  CAPABILITY TO TRANSMIT DATA TO AND RECEIVE
 DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS,  INCLUDING    ANY
 CAPABILITIES  THAT  ARE  INCIDENTAL  TO  AND ENABLE THE OPERATION OF THE
 COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   (F) THE TERM "LOCATION" SHALL MEAN A GEOGRAPHIC AREA  SMALLER  THAN  A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS  OR  ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS STATE THAT
 PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH  THE  ABILITY
 TO CONNECT TO THE INTERNET.
   2.  THE  COMMISSION  SHALL  STUDY  THE AVAILABILITY, AFFORDABILITY AND
 RELIABILITY OF HIGH-SPEED INTERNET AND BROADBAND SERVICES  IN  NEW  YORK
 STATE.  THE  COMMISSION SHALL, WITH THE ASSISTANCE OF THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  TO  THE  EXTENT  PRACTICABLE
 UNDER STATE LAW:
   (A)  ASSESS  THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING LEVELS OF
 COMPETITION AMONG PROVIDERS, AS WELL AS  ANY  REGULATORY  AND  STATUTORY
 BARRIERS,  IN  ORDER  TO DELIVER COMPREHENSIVE STATEWIDE ACCESS TO HIGH-
 SPEED INTERNET;
   (B) REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT  BEST
 SUPPORT  HIGH-SPEED  INTERNET  SERVICE IN UNDERSERVED OR UNSERVED AREAS,
 AND MAKE RECOMMENDATIONS ON ENSURING DEPLOYMENT OF  SUCH  TECHNOLOGY  IN
 UNDERSERVED AND UNSERVED AREAS;
   (C)  IDENTIFY  INSTANCES  WHERE  LOCAL  FRANCHISE AGREEMENTS AND LEGAL
 SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH;
   (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED  INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY;
   (E)  IDENTIFY  LOCATIONS  WHERE  THE  COMMISSION  BELIEVES FIBER OPTIC
 SERVICE IS NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION  OF  COMMISSION'S
 POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE;
   (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD-
 BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS
 OF THE STATE; AND
   (G)  PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED INTERNET
 ACCESS MAP OF THE  STATE,  INDICATING  ACCESS  TO  INTERNET  SERVICE  BY
 LOCATION.  SUCH  MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 INFORMATION FOR EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II) THE CONSISTENCY AND RELIABILITY OF  DOWNLOAD  AND  UPLOAD  SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING  BUT  NOT  LIMITED  TO DIAL-UP, BROADBAND, WIRELESS, FIBER, COAX, OR
 SATELLITE;
   (IV) THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE  OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.
   3.  THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND RECOMMEN-
 DATIONS FROM THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS  SECTION,  TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF

 A. 6347                             3
 
 THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  AND  AN  UPDATED REPORT ANNUALLY THEREAFTER. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B) A REGIONAL SURVEY OF INTERNET  SERVICE  PRICES  IN  COMPARISON  TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN
 NEW YORK STATE;
   (D) ANY RELEVANT USAGE STATISTICS;
   (E)  ANY  OTHER  METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN
 ORDER TO ASSESS  THE  AVAILABILITY,  AFFORDABILITY  AND  RELIABILITY  OF
 INTERNET SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 THIS SECTION.
   4.  THE  COMMISSION  SHALL HOLD AT LEAST FOUR REGIONAL PUBLIC HEARINGS
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT  INPUT
 FROM  THE  PUBLIC  AND  OTHER  STAKEHOLDERS INCLUDING BUT NOT LIMITED TO
 INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS, PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION,  AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5.  THE  COMMISSION  SHALL WORK WITH INTERNET SERVICE PROVIDERS IN THE
 STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE
 COMMUNITIES DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND  SOCIAL
 IMPACTS  DUE  TO  ABSENT, INSUFFICIENT, OR INADEQUATE BROADBAND OR FIBER
 OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   6. TO EFFECTUATE THE PURPOSES OF  THIS  SECTION,  THE  COMMISSION  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  STATE  PUBLIC  AUTHORITY
 SUCH  ASSISTANCE,  INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.