Assembly Bill A10475

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10475
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jacobson) --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection
 
 AN ACT to amend the general business law, in relation to requiring  that
   internet providers who provide service in a municipality provide basic
   internet  service to each residential dwelling or residential dwelling
   unit in that municipality at no cost
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  PROVISION  OF  INTERNET SERVICES. 1. THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO EVERY PROVIDER OF A BROADBAND INTERNET LINE WHICH
 LIES WHOLLY WITHIN THE STATE AND THAT PART WITHIN THE STATE OF NEW  YORK
 OF  EVERY  BROADBAND  INTERNET  LINE WHICH LIES PARTLY WITHIN AND PARTLY
 WITHOUT THE STATE AND TO THE PERSONS, ENTITIES OR  CORPORATIONS  OWNING,
 LEASING OR OPERATING ANY SUCH BROADBAND INTERNET LINE.
   2.  AS  USED  IN  THIS  SECTION, "INTERNET SERVICE PROVIDER" MEANS ANY
 PERSON, BUSINESS, ENTITY OR ORGANIZATION QUALIFIED  TO  DO  BUSINESS  IN
 THIS  STATE  THAT  PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES
 WITHIN THE STATE WITH THE ABILITY TO CONNECT  TO  THE  INTERNET  THROUGH
 EQUIPMENT THAT IS LOCATED IN THIS STATE.
   3.  EACH INTERNET PROVIDER THAT PROVIDES SERVICE TO CUSTOMERS WITHIN A
 MUNICIPALITY SHALL PROVIDE BASIC INTERNET SERVICE  TO  EACH  RESIDENTIAL
 DWELLING  OR  UNIT  CONTAINED  WITHIN  SUCH RESIDENTIAL DWELLING IN THAT
 MUNICIPALITY AT NO COST TO THE PERSONS OCCUPYING SUCH DWELLING OR UNIT.
   4. THE PUBLIC SERVICE COMMISSION  SHALL  PROMULGATE  RULES  AND  REGU-
 LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT
 LIMITED TO THE FOLLOWING:
   (A)  RULES  AND  REGULATIONS  TO  APPORTION THE RESPONSIBILITY OF EACH
 PROVIDER IN THE EVENT THAT A MUNICIPALITY HAS AUTHORIZED MORE  THAN  ONE
 INTERNET  PROVIDER  TO OPERATE WITHIN THE GEOGRAPHIC AREA OF THE MUNICI-
 PALITY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16431-01-0

 A. 10475                            2
 
   (B) RULES AND REGULATIONS TO ENSURE SUCH COMPLIANCE  INTERNET  SERVICE
 PROVIDERS WITH THE PROVISIONS OF THIS SECTION.
   5. NO INTERNET SERVICE PROVIDER SHALL ASSIGN OR TRANSFER LIABILITY FOR
 ITS OBLIGATIONS UNDER THIS SECTION TO ANY OTHER PERSON, BUSINESS, ENTITY
 OR  ORGANIZATION  OR  CONTRACT FOR ANY OTHER PERSON, BUSINESS, ENTITY OR
 ORGANIZATION TO PERFORM THE INTERNET  SERVICE  PROVIDER'S  DUTIES  UNDER
 THIS  SECTION  WITHOUT  THE  PRIOR WRITTEN CONSENT OF THE PUBLIC SERVICE
 COMMISSION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment,  and/or  repeal of any rule or regulation necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.