S T A T E O F N E W Y O R K
________________________________________________________________________
1099
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SAYWARD, DUPREY, REILICH, SCOZZAFAVA, BACALLES,
TEDISCO -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, CROUCH,
ERRIGO, FINCH, HAWLEY, HAYES, KOLB, McDONOUGH, MOLINARO, OAKS, RAIA,
TOBACCO, TOWNSEND, WALKER -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to create the 21st century telecommunications commission and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares that telecommunications services, specifically high
speed broadband internet and mobile telephone service are necessary to
the economic, cultural, and educational development of this state, and
for the promotion of public safety. The legislature further finds and
declares that there are broad discrepancies in the availability of 21st
century telecommunications service throughout the state, with many urban
and suburban areas fully served by broadband internet providers and
mobile telephone service able to provide voice and data service, while
sparsely populated regions of the state lack universal broadband inter-
net and basic mobile telephone service.
Telecommunications has proven to be the lifeblood of 20th century
commerce, and the relationship between telecommunications and economic
development, education, and culture will likely grow in the 21st centu-
ry. The telecommunications infrastructure of the state must be able to
accommodate the needs of residents and businesses in the coming years.
Because of the great variety of service levels, need, population density
and market conditions, the telecommunications needs of the state will
vary across communities, and the approach the state must take to address
those needs will similarly vary. Therefore, a temporary state commission
is hereby created to study the telecommunications needs of the state,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03433-01-9
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and to propose concrete recommendations to the governor and the legisla-
ture on means to remove regulatory and economic barriers to the expan-
sion of modern telecommunication services.
S 2. 21st century telecommunications commission. 1. A state commission
is hereby created to study and report to the governor, the temporary
president of the senate and the speaker of the assembly on recommenda-
tions for promoting the development of broadband internet and wireless
telecommunications services and infrastructure throughout the state to
promote economic development, public safety, telemedicine, commerce,
education and communication.
2. The commission shall study the regional differences in the avail-
ability of telecommunications service throughout the state, including
the availability of broadband internet and wireless telephone infras-
tructure in urban, suburban, and rural areas, including within inhabited
or improved portions of the Adirondack park. In evaluating the avail-
ability of telecommunications service, the commission shall consider the
current and future broadband internet and mobile communications needs of
businesses, not-for-profit associations and corporations, emergency
services, local government agencies, health care facilities, and indi-
viduals located within the various regions, as well as telecommuni-
cations service available to persons traveling along interstate and
other major highways in rural areas and the Adirondack park.
3. The commission shall consist of fifteen members, to be appointed as
follows: ten members appointed by the governor, one of whom shall be
appointed upon the recommendation of the temporary president of the
senate, one of whom shall be appointed upon the recommendation of the
minority leader of the senate, one of whom shall be appointed upon the
recommendation of the speaker of the assembly, one of whom shall be
appointed upon the recommendation of the minority leader of the assem-
bly, one of whom shall be a representative of a statewide organization
representing the business community, and one of whom shall be a repre-
sentative of the higher education community; and the commissioner of
education, the commissioner of environmental conservation, the commis-
sioner of health, the director of the office for technology, and the
chair of the public service commission shall serve as ex officio
members, each of whom may appoint a deputy to represent them on the
commission. The governor shall designate one commission member to serve
as the chair of the commission. There shall also be five regional boards
of the commission to consider the special needs of five regions as
follows: region one shall include the counties of Nassau and Suffolk and
the city of New York; region two shall include the counties of Columbia,
Delaware, Dutchess, Greene, Orange, Putnam, Rockland, Sullivan, Ulster
and Westchester; region three shall include the counties of Albany,
Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Montgomery, Otse-
go, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington;
region four shall include the counties of Broome, Cayuga, Chenango,
Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Schuyler,
Seneca, Saint Lawrence, Tioga and Tompkins; and region five shall
include the counties of Allegany, Cattaraugus, Chautauqua, Chemung,
Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Steuben,
Wayne, Wyoming, and Yates. The governor shall appoint five regional
board members to each such regional board. Such regional board members
shall be residents of a county in such region, and one of such regional
board members shall be appointed on the recommendation of the chief
executives of each of the three largest counties by population in such
region, according to the most recent decennial census, provided however
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that, in lieu of an appointment on the recommendation of the chief exec-
utive of a county, one such appointment shall be on the recommendation
of the mayor of a city with a population greater than one million if
such region includes such city. The members of the regional boards of
the commission shall serve as members of the commission in matters
relating to counties within the region from which they are appointed.
Only in relation to matters affecting areas located within the Adiron-
dack park, an appointed member of the Adirondack park agency board shall
be designated and appointed by the governor to serve as a member of the
commission and one member shall be appointed on the recommendation of
the Adirondack Association of Towns and Villages. No person shall be
appointed to the commission or regional board of the commission who is a
current employee or officer of a business or corporation which provides
telephone, internet, mobile telephone, satellite or cable television
service to consumers.
4. (a) The commission shall hold public hearings throughout the state
as it shall deem necessary, provided that the department shall hold not
less than one meeting in each of the five regions of the commission, and
one public hearing in the city of Albany.
(b) The commission shall specifically consider the appropriateness and
effectiveness of broadband internet technologies including satellite,
fiber optic, cable, digital subscriber lines, broadband over powerlines,
wifi, and wimax. The commission shall also consider whether provision
of a statewide cable franchise would improve access to broadband inter-
net services without jeopardizing existing regional cable television
providers, the feasibility of a universal service mandate for broadband
internet service, the practicality of using government subsidies to
offset the cost of developing broadband internet and mobile telephone
infrastructure in sparsely populated areas, and the possibility of
making existing state funded broadband connections available to commer-
cial and residential customers at prevailing market rates in unserved
areas.
(c) The commission shall recommend specific legislation, funding
levels, changes in state regulation or policy, and any other action on
the part of the state the commission deems necessary to improving exist-
ing broadband and mobile telephone accessibility in all areas of the
state, and providing for the future telecommunications needs of busi-
nesses and individuals in the state.
5. The members of the commission shall receive no compensation for
their services, however, they shall be allowed their actual and neces-
sary expenses incurred in the performance of their duties.
6. No later than December 31, 2009, the commission shall make a report
to the governor and legislature of its findings, conclusions, proposals
and recommendations for the promotion of adequate telecommunications
service in each of the five regions throughout the state.
7. All state agencies are hereby authorized and directed to provide
assistance and available resources, as requested by the commission, in
order to effectuate the purposes of this act.
S 3. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2010.