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

                                  1756

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the executive law, in relation to establishing  regional
  broadband planning grants

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

  Section 1. The executive law is amended by adding a new article 7-B to
read as follows:
                               ARTICLE 7-B
                   REGIONAL BROADBAND PLANNING GRANTS
SECTION 178.   LEGISLATIVE FINDINGS AND INTENT.
        178-A. BROADBAND GRANTS.
  S 178. LEGISLATIVE FINDINGS AND INTENT.   THE  LEGISLATURE  FINDS  AND
DECLARES  THAT THE TELECOMMUNICATIONS ACT OF 1996 WAS DESIGNED TO FOSTER
COMPETITION IN THE  TELECOMMUNICATIONS  INDUSTRY,  LOWERING  PRICES  AND
IMPROVING SERVICES. UNFORTUNATELY, LONG DISTANCES BETWEEN CITIES AND LOW
POPULATION  DENSITIES DELAY DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS IN
RURAL AREAS. A "DIGITAL DIVIDE" EXISTS IN NEW YORK STATE BETWEEN  PRIMA-
RILY  URBAN  AND RURAL AREAS.   TELECOMMUNICATION COMPANIES HAVE FOCUSED
MOST OF THEIR INITIAL BROADBAND OPTICAL FIBER, CELLULAR,  AND  SATELLITE
DISH  INVESTMENTS  IN  THE  MOST  POPULATED AREAS OF THE STATE WHERE THE
RETURN ON THAT INVESTMENT IS GREATEST. CONSEQUENTLY, MANY RURAL COMMUNI-
TIES MAY NOT HAVE ACCESS TO ADVANCED  HIGH-SPEED  INTERNET  ACCESS.  THE
LACK  OF  SUCH  ACCESS CAN BE AN IMPEDIMENT IN THE EFFORT TO RECRUIT AND
RETAIN BUSINESS AND JOBS. WHILE A NUMBER OF PROPOSALS HAVE BEEN ADVANCED
TO ADDRESS THIS ISSUE, IT IS APPARENT THAT  THERE  IS  NOT  AN  EXISTING
BASELINE DATA TO SERVE AS A GUIDE FOR DECISION-MAKING.
  THE  LEGISLATURE  FURTHER  FINDS THAT IT IS UP TO INDIVIDUAL JURISDIC-
TIONS TO DO THEIR OWN TELECOMMUNICATION ASSESSMENTS TO  DETERMINE  WHERE
HIGH-SPEED  INTERNET ACCESS EXISTS. A FEW COUNTIES HAVE BEGUN THIS PROC-
ESS. THIS LEGISLATION IS NECESSARY TO DETERMINE WHERE  TELECOMMUNICATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04132-01-9
              

A. 1756                             2

INFRASTRUCTURE CURRENTLY EXISTS AND WHERE INVESTMENTS NEED TO BE MADE IN
THE FUTURE.
  S  178-A.  BROADBAND  GRANTS. 1. ANY ECONOMIC DEVELOPMENT ORGANIZATION
CONDUCTING TELECOMMUNICATIONS ASSESSMENTS FOR THE COUNTY IN  WHICH  SUCH
ORGANIZATION  IS  LOCATED SHALL RECEIVE A STATE GRANT IN AN AMOUNT EQUAL
TO THE CONTRIBUTION TO  SUCH  ORGANIZATION  BY  SUCH  COUNTY,  PROVIDED,
HOWEVER,  THAT  THE  CUMULATIVE AMOUNT OF SUCH GRANTS GIVEN TO ORGANIZA-
TIONS IN ANY ONE COUNTY SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.
  2. THE PURPOSE OF THESE GRANTS IS TO:
  (A) IDENTIFY AREAS WITHIN THE COUNTY THAT ARE NOT SERVED BY HIGH-SPEED
INTERNET ACCESS.
  (B) DETERMINE WHERE HIGH-SPEED INTERNET ACCESS HAS BEEN  DEPLOYED  AND
TO  DETERMINE  AN INVENTORY OF THE KINDS OF TECHNOLOGY THAT ARE IN PLACE
WITHIN SUCH COUNTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
  (I) LOCAL EXCHANGE CARRIER CHARACTERISTICS,  INCLUDING  SERVICE  AREA,
CENTRAL OFFICES, EQUIPMENT, SERVICES, AND COST OF SERVICE;
  (II) TELECOMMUNICATIONS NETWORK CHARACTERISTICS, INCLUDING INTEROFFICE
BACKBONES, WIDE-AREA NETWORKS, AND LOCAL-AREA NETWORKS;
  (III) LONG DISTANCE SERVICES;
  (IV)  THE  ABILITY  TO RECEIVE TELEVISION AND VIDEO SIGNALS, INCLUDING
PUBLIC AND PRIVATE CABLE, SATELLITE LINKS, AND INTERACTIVE VIDEO;
  (V) THE ABILITY TO RECEIVE WIRELESS TRANSMISSIONS, INCLUDING CELLULAR,
PERSONAL COMMUNICATION SERVICES, OR DIGITAL WIRELESS;
  (VI) INTERNET SERVICE PROVIDER CHARACTERISTICS, INCLUDING LOCAL  DIAL-
UP  ACCESS,  THE  NUMBER  OF  MODEM LINES AND THEIR RELATIVE SPEEDS, THE
NUMBER OF LINES DEDICATED FOR INTERNET SERVICE PURPOSES, AND THE VARIETY
AND COSTS OF SERVICES; AND
  (VII) GOVERNMENT NETWORKS OPERATED BY PUBLIC  SCHOOLS,  LIBRARIES,  OR
OTHER PUBLIC ENTITIES.
  S  2. The department of public service shall conduct a statewide study
of the inventory of the state's high-speed infrastructure.  The  results
of the study shall be presented to the governor, the temporary president
of  the  senate,  and the speaker of the assembly no later than one year
after the effective date of this act.
  S 3. This act shall take effect immediately; provided,  however,  that
any state grants made pursuant to section one of this act shall apply to
county grants made on or after the effective date of this act.