S T A T E O F N E W Y O R K
________________________________________________________________________
2432
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. FAHY, BARRETT, ORTIZ, MAGNARELLI, GOTTFRIED,
ENGLEBRIGHT, THIELE, SIMON, D'URSO, GLICK, LUPARDO, JAFFEE, ZEBROWSKI,
SANTABARBARA, COLTON, CAHILL, GALEF, MOSLEY, ARROYO, SEAWRIGHT,
PICHARDO, LIFTON, DINOWITZ, VANEL, STIRPE, L. ROSENTHAL, STECK,
ABINANTI, RICHARDSON, WRIGHT, WALLACE, O'DONNELL, TAYLOR, NIOU, QUART,
CARROLL, DE LA ROSA -- Multi-Sponsored by -- M. of A. CROUCH -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02295-01-9
A. 2432 2
§ 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.
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
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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.
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.