S T A T E O F N E W Y O R K
________________________________________________________________________
2263
2011-2012 Regular Sessions
I N A S S E M B L Y
January 14, 2011
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Introduced by M. of A. BRENNAN, DESTITO, HOYT, CAHILL, PEOPLES-STOKES,
JACOBS, J. RIVERA, COLTON, CLARK, WEPRIN -- Multi-Sponsored by -- M.
of A. ABBATE, AUBRY, BENEDETTO, BING, BOYLAND, BROOK-KRASNY, COOK,
CYMBROWITZ, DINOWITZ, GALEF, GLICK, GOTTFRIED, HEASTIE, HOOPER, LATIM-
ER, LIFTON, MAYERSOHN, McENENY, MILLMAN, ORTIZ, PAULIN, PHEFFER,
P. RIVERA, ROBINSON, ROSENTHAL, SCHROEDER, TOWNS, WEISENBERG -- read
once and referred to the Committee on Governmental Operations
AN ACT to amend the state technology law, in relation to establishing
community access networks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new section
310 to read as follows:
S 310. COMMUNITY ACCESS NETWORKS. 1. DEFINITIONS. A. "STATE ENTITY"
SHALL MEAN:
(I) ANY STATE BOARD, BUREAU, DIVISION, COMMITTEE, COMMISSION, COUNCIL,
DEPARTMENT, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OFFICE OR
OTHER ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE
STATE OF NEW YORK;
(II) ALL CITIES, COUNTIES, MUNICIPALITIES, VILLAGES, TOWNS, AND OTHER
LOCAL AGENCIES; BUT SHALL NOT INCLUDE THE JUDICIARY.
B. "SPONSORED WIRELESS INFORMATION NETWORK" SHALL MEAN A STATE ENTITY
SYSTEM THAT TRANSMITS PACKETIZED VOICE, VIDEO AND/OR DATA BETWEEN USERS
WITHOUT UTILIZING WIRES AS ITS SOLE MEANS OF TRANSMISSION.
C. "APPROVED WIRELESS INFORMATION NETWORK" SHALL MEAN A SYSTEM:
(I) APPROVED BY A STATE ENTITY AFTER A REQUEST FOR PROPOSALS FOR
COLLOCATION ON STATE ENTITY PROPERTY; AND
(II) THAT TRANSMITS PACKETIZED VOICE, VIDEO AND/OR DATA BETWEEN USERS
WITHOUT UTILIZING WIRES AS ITS SOLE MEANS OF TRANSMISSION. INSTALLATION,
EQUIPMENT, CONSTRUCTION, OPERATING AND OTHER REASONABLE COSTS TO BE
DETERMINED BY THE STATE ENTITY, SHALL NOT BE INCURRED BY THE STATE ENTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04780-01-1
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TY, PROVIDED THAT THE APPROVAL FROM THE STATE ENTITY FOR COLLOCATION IS
GRANTED AT NO COST. STATE ENTITY APPROVAL OF COLLOCATION MAY ONLY BE
WITHHELD WHEN IT CAN BE SHOWN THAT SUCH COLLOCATION WOULD CAUSE UNAVOID-
ABLE DAMAGE TO STATE ENTITY PROPERTY OR SECURITY. PREFERENCE FOR COLLO-
CATING EQUIPMENT SHALL FIRST BE GIVEN TO ENTITIES LISTED IN SUBPARAGRAPH
(I) OF PARAGRAPH A OF THIS SUBDIVISION AND THEN TO ENTITIES LISTED IN
SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS SUBDIVISION. OPERATORS OF AN
APPROVED INFORMATION NETWORK SHALL NOT EXERCISE ANY EDITORIAL CONTROL
OVER ANY PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE OF CAPACITY PROVIDED
PURSUANT TO THIS SECTION, EXCEPT THAT THEY MAY REFUSE TO TRANSMIT ANY
CONTENT WHICH CONTAINS OBSCENITY, INDECENCY, OR NUDITY.
D. "COMMUNITY ACCESS NETWORK" SHALL MEAN A SYSTEM AS DESCRIBED IN
PARAGRAPH B OR C OF THIS SUBDIVISION WHICH IS PROVIDED AT NO COST TO THE
END USER AND WHICH HAS AT LEAST PORTIONS THAT ARE OPEN FOR PUBLIC USE.
COMMUNITY ACCESS NETWORKS SHALL:
(I) EMPLOY NON-PROPRIETARY NETWORKING PROTOCOLS IN ORDER TO ALLOW THE
USE OF NON-VENDOR SPECIFIC NETWORKING EQUIPMENT;
(II) BE DESIGNED TO ALLOW ACCESS TO PUBLICLY AVAILABLE GOVERNMENT AND
OTHER INFORMATION;
(III) NOT IMPEDE PUBLIC SAFETY PURPOSES; AND
(IV) HAVE SUFFICIENT SECURITY TO ALLOW THE GOVERNMENT TO RESTRICT
ACCESS BY ANY INDIVIDUAL OR INDIVIDUALS TEMPORARILY OR PERMANENTLY BASED
ON PUBLIC SAFETY NEEDS AND THE LEGITIMATE NEEDS OF LAW ENFORCEMENT.
E. "PACKETIZED" SHALL MEAN INFORMATION WHICH IS DIVIDED INTO PARTS
BEFORE BEING SENT, TRANSMITTED INDIVIDUALLY, WITHOUT THE NECESSITY OF
BEING SENT SEQUENTIALLY, AND THEN RECOMPILED INTO THE ORIGINAL MESSAGE
UPON ARRIVAL AT ITS DESTINATION.
F. "COLLOCATION" SHALL MEAN THE PROVISION OF SPACE PERMANENTLY OR
TEMPORARILY FOR NON-STATE ENTITY EQUIPMENT ON THE STATE ENTITY'S PREM-
ISES, EQUIPMENT, OR ON A TEMPORARY BASIS, UNUTILIZED RADIO FREQUENCIES.
G. "DARK FIBER" SHALL MEAN UNUTILIZED STRANDS OF FIBER OPTIC CABLE.
H. "WHOLESALE NETWORK" SHALL MEAN AN OPERATED, OWNED OR LEASED FIBER
OPTIC NETWORK WHICH IS AVAILABLE FOR USE TO ANY NETWORK OPERATOR TO
OFFER SERVICES TO END USERS.
2. CREATION OF COMMUNITY ACCESS NETWORKS AND NECESSARY REPORTS TO THE
STATE OFFICE FOR TECHNOLOGY. ANY STATE ENTITY WHICH CREATES, BUILDS,
MAINTAINS OR UPGRADES A GOVERNMENT SPONSORED OR GOVERNMENT APPROVED
WIRELESS INFORMATION NETWORK SHALL:
A. FOLLOW BEST PRACTICES IN CREATING A COMMUNITY ACCESS NETWORK OR
NETWORKS AS PART OF THEIR SPONSORED WIRELESS INFORMATION NETWORK; OR
ALLOW FOR COLLOCATION OF A COMMUNITY ACCESS NETWORK PROVIDED VIA AN
APPROVED WIRELESS INFORMATION NETWORK; AND
B. REPORT ON THE STATUS OF COMMUNITY ACCESS NETWORKS TO THE STATE
OFFICE FOR TECHNOLOGY NO LATER THAN JULY FIRST OF EACH YEAR.
3. PROGRESS REPORT REQUIREMENT TO LEGISLATURE. ANNUALLY ON OR BEFORE
SEPTEMBER THIRTIETH THE STATE OFFICE FOR TECHNOLOGY SHALL PROVIDE A
REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE DETAILING NETWORKS CREATED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
4. MUNICIPAL USE OF STATE'S DARK FIBER FOR COMMUNITY ACCESS NETWORK.
IF ANY ENTITY IDENTIFIED IN SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION SENDS A STATUS REPORT INDICATING THEIR INTENT
TO SPONSOR OR APPROVE THE CREATION OF A COMMUNITY ACCESS NETWORK, THEY
SHALL BE GIVEN ACCESS TO DARK FIBER LEASED BY ANY ENTITY IDENTIFIED IN
SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION FREE
A. 2263 3
OF CHARGE FOR THE PURPOSES OF CREATION OF COMMUNITY ACCESS NETWORKS OR
FOR GOVERNMENT ENTITY USE.
5. STUDY OF THE CREATION OF WHOLESALE NETWORKS. ANY ENTITY LISTED IN
SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION
SHALL STUDY AND REPORT BY OCTOBER THIRTIETH, TWO THOUSAND TWELVE ON
FEASIBILITY AND COST OF THE CREATION OF WHOLESALE BROADBAND NETWORKS
OVER WHICH ANY COMPETITIVE BROADBAND PROVIDERS MAY FURNISH SERVICES TO
INDIVIDUALS. ANY SUCH WHOLESALE NETWORK SHALL SHOW NO PREFERENCE TO ANY
PROVIDER, INCLUDING A MUNICIPAL PROVIDER. SUCH REPORT SHALL BE SENT TO
THE STATE OFFICE FOR TECHNOLOGY, THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE.
6. STUDY OF SOCIAL NETWORKING APPLICATIONS AND COMMUNITY-CENTERED
SERVICES. THE STATE OFFICE FOR TECHNOLOGY SHALL STUDY AND REPORT ON
JANUARY TWELFTH, TWO THOUSAND TWELVE ON POTENTIAL SOCIAL NETWORKING
USES, APPLICATIONS AND COMMUNITY CENTERED SERVICES WHICH COULD BE
ENABLED AND EXTENDED BY THE CREATION OF FREE INTERNET ACCESS. SUCH
REPORT SHALL BE SENT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE.
S 2. This act shall take effect immediately.