Assembly Bill A2219A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2219--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, KIM, SIMON, COLTON, EPSTEIN -- read
   once and referred to the Committee on Consumer Affairs and  Protection
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the public service 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 public service law is amended by adding a new section
 104 to read as follows:
   § 104. 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 COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE  PROVISIONS  OF  THIS  SECTION,  INCLUDING,  BUT  NOT LIMITED TO THE
 FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05945-02-1
              

 A. 2219--A                          2
 
   (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
   (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 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.