S T A T E O F N E W Y O R K
________________________________________________________________________
4783
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 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 public service law, in relation to the collection of
data on broadband services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new article
13 to read as follows:
ARTICLE 13
COLLECTION OF DATA ON BROADBAND SERVICES
SECTION 240. DEFINITIONS.
241. COLLECTION OF DATA ON BROADBAND SERVICES.
242. REPORT TO LEGISLATURE AND GOVERNOR.
243. NO REGULATORY AUTHORITY.
S 240. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
HAVE THE FOLLOWING MEANINGS:
"BROADBAND SERVICE" SHALL MEAN ANY SERVICE THAT CONNECTS TO THE PUBLIC
INTERNET THAT PROVIDES A DATA TRANSMISSION-RATE EQUIVALENT TO AT LEAST
200 KILOBITS PER SECOND, OR 200,000 BITS PER SECOND, OR ANY SUCCESSOR
TRANSMISSION-RATE, IN AT LEAST ONE DIRECTION.
S 241. COLLECTION OF DATA ON BROADBAND SERVICES. IN ORDER TO IDENTIFY
AND TRACK THE AVAILABILITY OF BROADBAND SERVICES WITHIN THE STATE, THE
COMMISSION SHALL REQUIRE EACH PROVIDER OF BROADBAND SERVICES IN THE
STATE TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION DESCRIBING AND IDEN-
TIFYING THE AREAS OF THE STATE WHERE THEY PROVIDE BROADBAND SERVICES,
SUCH AREAS TO BE IDENTIFIED ON A FIVE-DIGIT POSTAL ZIP CODE PLUS
FOUR-DIGIT LOCATION BASIS. THE COMMISSION SHALL NOT DISCLOSE OR MAKE
PUBLICLY AVAILABLE THE PROPRIETARY OR CONFIDENTIAL INFORMATION SUBMITTED
PURSUANT TO THIS SECTION. NO INFORMATION SUBMITTED PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO DISCLOSURE UNDER THE NEW YORK FREEDOM OF
INFORMATION LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08492-01-9
A. 4783 2
S 242. REPORT TO LEGISLATURE AND GOVERNOR. THE COMMISSION SHALL USE
THE INFORMATION COLLECTED UNDER SECTION TWO HUNDRED FORTY-ONE OF THIS
ARTICLE TO PREPARE AND SUBMIT ANNUALLY TO THE ASSEMBLY, SENATE AND
GOVERNOR A REPORT THAT ANALYZES IN DETAIL THE AVAILABILITY OF BROADBAND
SERVICES IN THE STATE. SUCH REPORT SHALL BE ACCOMPANIED BY A GEOGRAPHIC
INVENTORY MAP THAT DEPICTS, ON A ZIP CODE PLUS FOUR LEVEL, THE GEOGRAPH-
IC EXTENT TO WHICH BROADBAND SERVICES ARE DEPLOYED AND PUBLICLY AVAIL-
ABLE IN THE STATE, INCLUDING AN IDENTIFICATION OF EACH TYPE OF BROADBAND
SERVICE AVAILABLE WITHIN AN AREA, AND EACH AREA IN WHICH BROADBAND
SERVICE IS NOT DEPLOYED AT THAT TIME. SUCH MAP SHALL NOT DISCLOSE THE
INDIVIDUAL IDENTITY OF ANY PROVIDER OF BROADBAND SERVICES IN AN AREA.
S 243. NO REGULATORY AUTHORITY. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED AS GIVING THE COMMISSION ANY REGULATORY JURISDICTION OR OVER-
SIGHT AUTHORITY OVER PROVIDERS OF BROADBAND SERVICES OR INFORMATION
TECHNOLOGY.
S 2. This act shall take effect immediately.