S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3663
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 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 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.
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF BROAD-
 BAND INTERNET SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02295-01-9

 S. 3663                             2
 
 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.
   3. THE COMMISSION SHALL ANNUALLY  PREPARE  A  REPORT  THAT  LISTS  THE
 CERTIFICATION STATUS FOR EVERY BROADBAND INTERNET SERVICE PROVIDER QUAL-

 S. 3663                             3
 
 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.