NY State Senate Bill 2017-S7183C

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	print number 7183c
Mar 21, 2018	amend and recommit to energy and telecommunications
Feb 27, 2018	print number 7183b
Feb 27, 2018	amend and recommit to energy and telecommunications
Jan 29, 2018	print number 7183a
Jan 29, 2018	amend and recommit to energy and telecommunications
Jan 03, 2018	referred to energy and telecommunications

Bill Amendments

Original

C (Active)

2017-S7183 - Details

See Assembly Version of this Bill:: A8882
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3663, A2432
2021-2022: S3477, A3479
2023-2024: S2582, A3990
2025-2026: S1545

2017-S7183 - Summary

Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.

2017-S7183 - Sponsor Memo

                                
 
BILL NUMBER: S7183

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public service law and the state
finance law, in relation to instituting internet service neutrality

 
PURPOSE OR GENERAL IDEA OF BILL:

To give the Public Service Commission (PSC) the authority to monitor the
practices of internet service providers and certify their compliance
with net neutrality principles. The bill directs New York State, its
authorities, and municipalities to not engage in procurement with inter-
net service providers whose compliance with net-neutrality principles is
not certified by the PSC.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the heading of article 11 of the public service law as
added by chapter 83 of the laws of 1995.

Section 2: Section 212 of the public service law is amended by adding a

new subdivision 15.

Section 3: Amends section heading of section 215 of the public service
laws added by chapter 83 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 4: The state finance law is added by adding a new section 148.

Section 5: The public service law is amended by adding a new section
231. Section 6: Effective date.

 
JUSTIFICATION:

Federal net neutrality principles have ensured that the internet remains
open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December
2017 vote to undo the regulations protecting an open internet, this bill
directs the Public Service Commission (PSC) to establish a process for
internet service providers (ISPs) to certify that they follow net
neutrality principles. In order to make these certifications, the PSC
will use federally-mandated reporting requirements on net neutrality,
which require ISPs publicly disclose unfair practices such as throttling
or paid prioritization. Using these federally mandated reporting
requirements will ensure New York State is able to adhere to net
neutrality principles despite the FCC's ruling while avoiding federal
preemption. Further, the bill will require that New York State agencies,
public authorities, and municipalities only contract with ISPs certified
by the PSC to follow net neutrality principles. This measure will use
New York's buying power as a large consumer of internet services to
encourage ISPs to abide by net-neutrality principles.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

none
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S7183 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7183
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 and the state finance law, in
   relation to instituting internet service neutrality

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 AND INTERNET
                             SERVICE COMPANIES
   §  2. 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, INCLUDING MUNICIPAL
 BROADBAND  PROVIDERS,  THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   § 3. The section heading of section 215 of the public service law,  as
 added  by  chapter 83 of the laws of 1995, is amended and a new subdivi-
 sion 14 is added to read as follows:
   Duties of the commission in respect to cable television  AND  INTERNET
 SERVICE companies.
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET  SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT INTERNET
 SERVICE PROVIDERS COMPLY WITH THE INTERNET SERVICE  NEUTRALITY  REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 WHERE  A  CONTRACT  THAT  INCLUDES INTERNET CONNECTION SERVICES IS TO BE
 AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSUANT  TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-02-7

 S. 7183                             2
 
 A  COMPETITIVE  BIDDING  PROCESS OR A REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE BIDDING PROCESS OR REQUEST FOR PROPOSAL AND  THE  SUBSEQUENT
 AWARDED  CONTRACT  SHALL  REQUIRE THAT SUCH INTERNET CONNECTION SERVICES
 ARE  COMPLIANT  WITH THE INTERNET SERVICE NEUTRALITY REQUIREMENTS ESTAB-
 LISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THE PUBLIC SERVICE LAW.
   § 5. The public service law is amended by adding a new section 231  to
 read as follows:
   §  231.  INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF THIS SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS A PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK  MANAGEMENT  JUSTI-
 FICATION,  BUT  DOES  NOT  INCLUDE  OTHER  BUSINESS PRACTICES. A NETWORK
 MANAGEMENT PRACTICE IS REASONABLE  IF  IT  IS  PRIMARILY  USED  FOR  AND
 TAILORED  TO  ACHIEVING  A LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING
 INTO ACCOUNT THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY  OF  THE
 BROADBAND INTERNET ACCESS SERVICE.
   2.  THE  COMMISSION  SHALL  CERTIFY ANNUALLY THAT ANY INTERNET SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A) BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT,  APPLICATION,  OR  SERVICE,  OR  USE  OF  A NON-HARMFUL DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C) ENGAGE IN PAID PRIORITIZATION,  INCLUDING,  BUT  NOT  LIMITED  TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL  TRAFFIC  MANAGEMENT,  EITHER (I) IN EXCHANGE FOR CONSIDER-
 ATION (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT  AN
 AFFILIATED ENTITY.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

2017-S7183A - Details

See Assembly Version of this Bill:: A8882
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3663, A2432
2021-2022: S3477, A3479
2023-2024: S2582, A3990
2025-2026: S1545

2017-S7183A - Summary

2017-S7183A - Sponsor Memo

                                
 
BILL NUMBER: S7183A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public service law and the state
finance law, in relation to instituting internet service neutrality

 
PURPOSE OR GENERAL IDEA OF BILL:

To give the Public Service Commission (PSC) the authority to monitor the
practices of internet service providers and certify their compliance
with net neutrality principles. The bill directs New York State, its
authorities, and municipalities to not engage in procurement with
inter-net service providers whose compliance with net-neutrality princi-
ples is not certified by the PSC.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the heading of article 11 of the public service law as
added by chapter 83 of the laws of 1995.

Section 2: Section 212 of the public service law is amended by adding a

new subdivision 15.

Section 3: Amends section heading of section 215 of the public service
laws added by chapter 83 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 4: The state finance law is added by adding a new section 148.

Section 5: The public service law is amended by adding a new section
231.

Section 6: Effective date.

 
JUSTIFICATION:

Federal net neutrality principles have ensured that the internet remains
open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December
2017 vote to undo the regulations protecting an open internet, this bill
directs the Public Service Commission (PSC) to establish a process for
internet service providers (ISPs) to certify that they follow net
neutrality principles. In order to make these certifications, the PSC
will use federally-mandated reporting requirements on net neutrality,
which require ISPs publicly disclose unfair practices such as throttling
or paid prioritization. Using these federally mandated reporting
requirements will ensure New York State is able to adhere to net
neutrality principles despite the FCC's ruling while avoiding federal
preemption. Further, the bill will require that New York State agencies,
public authorities, and municipalities only contract with ISPs certified
by the PSC to follow net neutrality principles. This measure will use
New York's buying power as a large consumer of internet services to
encourage ISPs to abide by net-neutrality principles.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S7183A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7183--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law and the  state  finance  law,  in
   relation to instituting internet service neutrality
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 AND INTERNET
                             SERVICE COMPANIES
   § 2. 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, INCLUDING MUNICIPAL
 BROADBAND PROVIDERS, THAT PROVIDES INDIVIDUALS, CORPORATIONS,  OR  OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   §  3. The section heading of section 215 of the public service law, as
 added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
 sion 14 is added to read as follows:
   Duties  of  the commission in respect to cable television AND INTERNET
 SERVICE companies.
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT  INTERNET
 SERVICE  PROVIDERS  COMPLY WITH THE INTERNET SERVICE NEUTRALITY REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   § 4. The state finance law is amended by adding a new section  148  to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 WHERE A CONTRACT THAT INCLUDES INTERNET CONNECTION  SERVICES  IS  TO  BE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-04-8

 S. 7183--A                          2
 
 AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY, PUBLIC LIBRARY OR MUNICIPAL
 CORPORATION  AS  DEFINED  IN SUBDIVISION TWO OF SECTION SIXTY-SIX OF THE
 GENERAL CONSTRUCTION LAW PURSUANT TO A COMPETITIVE BIDDING PROCESS OR  A
 REQUEST  FOR  PROPOSAL  PROCESS,  SUCH  COMPETITIVE  BIDDING  PROCESS OR
 REQUEST FOR PROPOSAL AND THE SUBSEQUENT AWARDED CONTRACT  SHALL  REQUIRE
 THAT  SUCH  INTERNET CONNECTION SERVICES ARE COMPLIANT WITH THE INTERNET
 SERVICE NEUTRALITY REQUIREMENTS ESTABLISHED IN SECTION TWO HUNDRED THIR-
 TY-ONE OF THE PUBLIC SERVICE LAW.
   § 5. The public service law is amended by adding a new section 231  to
 read as follows:
   §  231.  INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF THIS SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS A PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK  MANAGEMENT  JUSTI-
 FICATION,  BUT  DOES  NOT  INCLUDE  OTHER  BUSINESS PRACTICES. A NETWORK
 MANAGEMENT PRACTICE IS REASONABLE  IF  IT  IS  PRIMARILY  USED  FOR  AND
 TAILORED  TO  ACHIEVING  A LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING
 INTO ACCOUNT THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY  OF  THE
 BROADBAND INTERNET ACCESS SERVICE.
   2.  THE  COMMISSION  SHALL  CERTIFY ANNUALLY THAT ANY INTERNET SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A) BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT,  APPLICATION,  OR  SERVICE,  OR  USE  OF  A NON-HARMFUL DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C) ENGAGE IN PAID PRIORITIZATION,  INCLUDING,  BUT  NOT  LIMITED  TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL  TRAFFIC  MANAGEMENT,  EITHER (I) IN EXCHANGE FOR CONSIDER-
 ATION (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT  AN
 AFFILIATED ENTITY.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

2017-S7183B - Details

See Assembly Version of this Bill:: A8882
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3663, A2432
2021-2022: S3477, A3479
2023-2024: S2582, A3990
2025-2026: S1545

2017-S7183B - Summary

2017-S7183B - Sponsor Memo

                                
 
BILL NUMBER: S7183B

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public service law and the state finance law, in
relation to instituting internet service neutrality

 
PURPOSE OF BILL:

To give the Public Service Commission (PSC) the authority to monitor the
practices of internet service providers and certify their compliance
with net neutrality principles. The bill directs New York State, its
authorities, and municipalities to not engage in procurement with
inter-net service providers whose compliance with net-neutrality princi-
ples is not certified by the PSC.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the heading of article 11 of the public service law as
added by chapter 83 of the laws of 1995.

Section 2: Section 212 of the public service law is amended by adding a
new subdivision 15.

Section 3: Amends section heading of section 215 of the public service
laws added by chapter 83 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 4: The state finance law is added by adding a new section 148.

Section 5: The public service law is amended by adding a new section
231.

Section 6: Effective date.

 
JUSTIFICATION:

Federal net neutrality principles have ensured that the internet remains
open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December
2017 vote to undo the regulations protecting an open internet, this bill
directs the Public Service Commission (PSC) to establish a process for
internet service providers (ISPs) to certify that they follow net
neutrality principles. In order to make these certifications, the PSC
will use federally-mandated reporting requirements on net neutrality,
which require ISPs publicly disclose unfair practices such as throttling
or paid prioritization. Using these federally mandated reporting
requirements will ensure New York State is able to adhere to net
neutrality principles despite the FCC's ruling while avoiding federal
preemption. Further, the bill will require that New York State agencies,
public authorities, and municipalities only contract with ISPs certified
by the PSC to follow net neutrality principles. This measure will use
New York's buying power as a large consumer of internet services to
encourage ISPs to abide by net-neutrality principles.

 
PRIOR LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S7183B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7183--B
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sens.  CARLUCCI,  ALCANTARA,  SAVINO  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Energy  and  Telecommunications -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the public service law and the  state  finance  law,  in
   relation to instituting internet service neutrality
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 AND INTERNET
                             SERVICE COMPANIES
   § 2. 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, INCLUDING MUNICIPAL
 BROADBAND PROVIDERS, THAT PROVIDES INDIVIDUALS, CORPORATIONS,  OR  OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   §  3. The section heading of section 215 of the public service law, as
 added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
 sion 14 is added to read as follows:
   Duties  of  the commission in respect to cable television AND INTERNET
 SERVICE companies.
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT  INTERNET
 SERVICE  PROVIDERS  COMPLY WITH THE INTERNET SERVICE NEUTRALITY REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   § 4. The state finance law is amended by adding a new section  148  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13982-06-8

 S. 7183--B                          2
 
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 WHERE A CONTRACT THAT INCLUDES BROADBAND INTERNET ACCESS SERVICES IS  TO
 BE  AWARDED BY A STATE AGENCY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF
 THIS  CHAPTER  OR ANY STATE OR LOCAL AUTHORITY AS SUCH TERMS ARE DEFINED
 IN SECTION TWO OF  PUBLIC  AUTHORITIES  LAW,  MUNICIPAL  CORPORATION  AS
 DEFINED  IN  SECTION TWO OF THE GENERAL MUNICIPAL LAW, PUBLIC LIBRARY OR
 ASSOCIATION LIBRARY, AS SUCH TERMS ARE DEFINED IN  SECTION  TWO  HUNDRED
 FIFTY-THREE  OF  THE  EDUCATION  LAW,  THE LEGISLATURE, JUDICIARY, STATE
 UNIVERSITY OF NEW YORK, OR CITY UNIVERSITY OF NEW  YORK  PURSUANT  TO  A
 COMPETITIVE  BIDDING  PROCESS  OR  A  REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE BIDDING PROCESS OR REQUEST FOR PROPOSAL AND  THE  SUBSEQUENT
 AWARDED  CONTRACT  SHALL  REQUIRE  THAT  SUCH  BROADCAST INTERNET ACCESS
 SERVICES ARE COMPLIANT WITH THE INTERNET SERVICE NEUTRALITY REQUIREMENTS
 ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THE PUBLIC SERVICE LAW.
 PROVIDED, HOWEVER, THE ENTITY AWARDING  SUCH  CONTRACT  MAY  AWARD  SUCH
 CONTRACT  TO  ANY BROADBAND INTERNET SERVICE PROVIDER THAT IS NOT CERTI-
 FIED BY THE PUBLIC SERVICE COMMISSION PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  THIRTY-ONE OF THE PUBLIC SERVICE LAW ONLY IF SUCH
 ENTITY DEMONSTRATES TO THE PUBLIC SERVICE  COMMISSION  THAT  EITHER  (I)
 THERE  ARE  NO  OTHER  BROADBAND INTERNET SERVICE PROVIDERS AVAILABLE TO
 CONTRACT WITH, OR (II) AWARDING SUCH CONTRACT TO A  CERTIFIED  BROADBAND
 INTERNET  SERVICE PROVIDER WOULD RESULT IN A SIGNIFICANT FINANCIAL HARD-
 SHIP WHEN COMPARED TO AWARDING THE  CONTRACT  TO  A  BROADBAND  INTERNET
 SERVICE PROVIDER NOT CERTIFIED BY THE PUBLIC SERVICE COMMISSION.
   §  5. The public service law is amended by adding a new section 231 to
 read as follows:
   § 231. INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF  THIS  SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS  A  PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK MANAGEMENT JUSTI-
 FICATION, BUT DOES NOT  INCLUDE  OTHER  BUSINESS  PRACTICES.  A  NETWORK
 MANAGEMENT  PRACTICE  IS  REASONABLE  IF  IT  IS  PRIMARILY USED FOR AND
 TAILORED TO ACHIEVING A LEGITIMATE NETWORK  MANAGEMENT  PURPOSE,  TAKING
 INTO  ACCOUNT  THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY OF THE
 BROADBAND INTERNET ACCESS SERVICE.
   2. THE COMMISSION SHALL CERTIFY ANNUALLY  THAT  ANY  INTERNET  SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A)  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL  DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C)  ENGAGE  IN  PAID  PRIORITIZATION,  INCLUDING, BUT NOT LIMITED TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER (I) IN  EXCHANGE  FOR  CONSIDER-
 ATION  (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT AN
 AFFILIATED ENTITY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S7183C (ACTIVE) - Details

See Assembly Version of this Bill:: A8882
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3663, A2432
2021-2022: S3477, A3479
2023-2024: S2582, A3990
2025-2026: S1545

2017-S7183C (ACTIVE) - Summary

2017-S7183C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7183C

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public service law and the state finance law, in
relation to instituting internet service neutrality

 
PURPOSE OR GENERAL IDEA OF BILL:

To give the Public Service Commission (PSC) the authority to monitor the
practices of internet service providers and certify their compliance
with net neutrality principles. The bill directs New York State, its
authorities, and municipalities to not engage in procurement with inter-
net service providers whose compliance with net-neutrality principles is
not certified by the PSC.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the heading of article 11 of the public service law as
added by chapter 83 of the laws of 1995.

Section 2: Section 212 of the public service law is amended by adding
two new subdivisions 15 & 16.

Section 3: Amends section heading of section 215 of the public service
laws added by chapter 83 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 4: The state finance law is added by adding a new section 148.

Section 5: The public service law is amended by adding a new section
231.

Section 6: Effective date.

 
JUSTIFICATION:

Federal net neutrality principles have ensured that the internet remains
open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December
2017 vote to undo the regulations protecting an open internet, this bill
directs the Public Service Commission (PSC) to establish a process for
internet service providers (ISPs) to certify that they follow net
neutrality principles. In order to make these certifications, the PSC
will use federally-mandated reporting requirements on net neutrality,
which require ISPs publicly disclose unfair practices such as throttling
or paid prioritization. Using these federally mandated reporting
requirements will ensure New York State is able to adhere to net
neutrality principles despite the FCC's ruling while avoiding federal
preemption. Further, the bill will require that New York State agencies,
public authorities, municipalities, municipal corporations and libraries
only contract with ISPs certified by the PSC to follow net neutrality
principles. This measure will use New York's buying power as a large
consumer of internet services to encourage ISPs to abide by net-neutral-
ity principles.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

none

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S7183C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7183--C
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sens.  CARLUCCI,  ALCANTARA,  SAVINO  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Energy  and  Telecommunications -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the public service law and the state finance law, in
   relation to instituting internet service neutrality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 BROADBAND
                        INTERNET SERVICE PROVIDERS
   §  2.  Section  212 of the public service law is amended by adding two
 new subdivisions 15 and 16 to read as follows:
   15. "BROADBAND INTERNET  ACCESS  SERVICE"  SHALL  MEAN  A  MASS-MARKET
 RETAIL  SERVICE  THAT  PROVIDES  THE  CAPABILITY TO TRANSMIT DATA TO AND
 RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING
 ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF  THE
 COMMUNICATIONS  SERVICE,  BUT  SHALL NOT INCLUDE DIAL-UP INTERNET ACCESS
 SERVICE.
   16. "BROADBAND INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS OR ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS  STATE,  INCLUDING
 MUNICIPAL  BROADBAND PROVIDERS, THAT PROVIDES INDIVIDUALS, CORPORATIONS,
 OR OTHER ENTITIES WITH BROADBAND INTERNET ACCESS SERVICE.
   § 3. The section heading of section 215 of the public service law,  as
 added  by  chapter 83 of the laws of 1995, is amended and a new subdivi-
 sion 14 is added to read as follows:
   Duties of the commission in respect to cable television companies  AND
 BROADBAND INTERNET SERVICE PROVIDERS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-08-8

 S. 7183--C                          2
 
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF BROAD-
 BAND INTERNET SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT
 BROADBAND  INTERNET  SERVICE  PROVIDERS COMPLY WITH THE INTERNET SERVICE
 NEUTRALITY REQUIREMENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF
 THIS ARTICLE.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 WHERE  A CONTRACT THAT INCLUDES BROADBAND INTERNET ACCESS SERVICES IS TO
 BE AWARDED BY A STATE AGENCY AS DEFINED IN SECTION ONE HUNDRED SIXTY  OF
 THIS  CHAPTER  OR ANY STATE OR LOCAL AUTHORITY AS SUCH TERMS ARE DEFINED
 IN SECTION TWO OF  PUBLIC  AUTHORITIES  LAW,  MUNICIPAL  CORPORATION  AS
 DEFINED  IN  SECTION TWO OF THE GENERAL MUNICIPAL LAW, PUBLIC LIBRARY OR
 ASSOCIATION LIBRARY, AS SUCH TERMS ARE DEFINED IN  SECTION  TWO  HUNDRED
 FIFTY-THREE  OF  THE  EDUCATION  LAW,  THE LEGISLATURE, JUDICIARY, STATE
 UNIVERSITY OF NEW YORK, OR CITY UNIVERSITY OF NEW  YORK  PURSUANT  TO  A
 COMPETITIVE  BIDDING  PROCESS  OR  A  REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE BIDDING PROCESS OR REQUEST FOR PROPOSAL AND  THE  SUBSEQUENT
 AWARDED  CONTRACT  SHALL  REQUIRE  THAT  SUCH  BROADCAST INTERNET ACCESS
 SERVICES ARE COMPLIANT WITH THE INTERNET SERVICE NEUTRALITY REQUIREMENTS
 ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THE PUBLIC SERVICE LAW.
 PROVIDED, HOWEVER, THE ENTITY AWARDING  SUCH  CONTRACT  MAY  AWARD  SUCH
 CONTRACT  TO  ANY BROADBAND INTERNET SERVICE PROVIDER THAT IS NOT CERTI-
 FIED BY THE PUBLIC SERVICE COMMISSION PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  THIRTY-ONE OF THE PUBLIC SERVICE LAW ONLY IF SUCH
 ENTITY DEMONSTRATES TO THE PUBLIC SERVICE  COMMISSION  THAT  EITHER  (I)
 THERE  ARE  NO  OTHER  BROADBAND INTERNET SERVICE PROVIDERS AVAILABLE TO
 CONTRACT WITH, OR (II) AWARDING SUCH CONTRACT TO A  CERTIFIED  BROADBAND
 INTERNET  SERVICE PROVIDER WOULD RESULT IN A SIGNIFICANT FINANCIAL HARD-
 SHIP WHEN COMPARED TO AWARDING THE  CONTRACT  TO  A  BROADBAND  INTERNET
 SERVICE PROVIDER NOT CERTIFIED BY THE PUBLIC SERVICE COMMISSION.
   §  5. The public service law is amended by adding a new section 231 to
 read as follows:
   § 231. INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF  THIS  SECTION,
 "NETWORK MANAGEMENT PRACTICE" SHALL MEAN A PRACTICE THAT HAS A PRIMARILY
 TECHNICAL  NETWORK  MANAGEMENT JUSTIFICATION, BUT DOES NOT INCLUDE OTHER
 BUSINESS PRACTICES. A "REASONABLE  NETWORK  MANAGEMENT  PRACTICE"  SHALL
 MEAN  A  NETWORK  MANAGEMENT  PRACTICE  THAT  IS  PRIMARILY USED FOR AND
 TAILORED TO ACHIEVING A LEGITIMATE NETWORK  MANAGEMENT  PURPOSE,  TAKING
 INTO  ACCOUNT  THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY OF THE
 BROADBAND INTERNET ACCESS SERVICE.
   2. THE COMMISSION SHALL CERTIFY ANNUALLY THAT ANY  BROADBAND  INTERNET
 SERVICE PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A)  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL  DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C)  ENGAGE  IN  PAID  PRIORITIZATION,  INCLUDING, BUT NOT LIMITED TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER (I) IN EXCHANGE FOR ANY FORM  OF
 CONSIDERATION FROM A THIRD PARTY, OR (II) TO BENEFIT AN AFFILIATED ENTI-
 TY, UNLESS THE BROADBAND INTERNET SERVICE PROVIDER DEMONSTRATES THAT THE
 PRACTICE  WOULD  PROVIDE A SIGNIFICANT PUBLIC INTEREST BENEFIT AND WOULD
 NOT HARM THE OPEN NATURE OF THE INTERNET.

 S. 7183--C                          3

   3. THE COMMISSION SHALL ANNUALLY  PREPARE  A  REPORT  THAT  LISTS  THE
 CERTIFICATION STATUS FOR EVERY BROADBAND INTERNET SERVICE PROVIDER QUAL-
 IFIED  TO  DO  BUSINESS IN THIS STATE. SUCH REPORT SHALL BE PUBLISHED ON
 THE COMMISSION'S WEBSITE AND UPDATED AT LEAST ANNUALLY.  THE  COMMISSION
 SHALL  NOTIFY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY OF THE PUBLICATION OF SUCH  REPORT  AND  ANY
 UPDATES.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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