S T A T E O F N E W Y O R K
________________________________________________________________________
6114
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to providing broad-
band and fiber optic services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares that large portions of the state do not have access to broad-
band services, particularly fiber optic service. This has made the tele-
communications marketplace less competitive, and has been a partial
cause of deteriorated service for customers and users of regulated tele-
phonic and telecommunications services. This in turn has had substantial
negative economic and social impacts, particularly in rural and other
underserved communities.
§ 2. 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. THE COMMISSION SHALL
DETERMINE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
STATUS OF BROADBAND AND FIBER OPTIC SERVICES IN NEW YORK STATE. THE
COMMISSION SHALL IDENTIFY COMMUNITIES WITHOUT ACCESS TO BROADBAND AND
FIBER OPTIC SERVICES, COMMUNITIES IN WHICH INSUFFICIENT TELECOMMUNI-
CATIONS SERVICE HAS CAUSED SOCIAL OR ECONOMIC IMPACTS, COMMUNITIES WHERE
LOCAL FRANCHISES HAVE NOT BEEN COMPLIED WITH, AND COMMUNITIES IN WHICH
THE COMMISSION BELIEVES SUCH BROADBAND AND/OR FIBER OPTIC SERVICE IS
NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF COMMISSION POLICIES ON
COMPETITION, AFFORDABLE, AND ADEQUATE SERVICE.
2. THE COMMISSION SHALL, WITHIN SIX MONTHS OF THE COMPLETION OF THE
DETERMINATION OF BROADBAND AND FIBER OPTIC SERVICES IN NEW YORK STATE
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, REQUIRE CONSTRUCTION OR
INSTALLATION OF BROADBAND AND FIBER OPTIC SERVICES BY AN INTERNET
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10554-02-7
S. 6114 2
SERVICE PROVIDER IN COMMUNITIES IN WHICH BROADBAND AND FIBER OPTIC
SERVICES ARE DETERMINED TO BE ABSENT, INSUFFICIENT, OR INADEQUATE, SO AS
TO ENSURE THE AVAILABILITY OF BROADBAND AND FIBER OPTIC SERVICES TO THE
GREATEST NUMBER OF NEW YORK STATE RESIDENTS POSSIBLE.
§ 3. The article heading of article 11 of the public service law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
PROVISIONS RELATING TO CABLE TELEVISION COMPANIES
AND INTERNET SERVICE PROVIDERS
§ 4. Section 212 of the public service law is amended by adding a new
subdivision 15 to read as follows:
15. "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSINESS OR
ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDI-
VIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO
THE INTERNET.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.