S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3479
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, BARRETT, MAGNARELLI, GOTTFRIED, ENGLE-
   BRIGHT, THIELE, SIMON, SANTABARBARA, LUPARDO, GLICK,  COLTON,  CAHILL,
   GALEF,  SEAWRIGHT,  PICHARDO,  DINOWITZ,  VANEL, STIRPE, L. ROSENTHAL,
   STECK, WALLACE, ABINANTI, RICHARDSON, O'DONNELL, TAYLOR, NIOU,  QUART,
   CARROLL,  DE LA ROSA,  REYES,  JACOBSON,  GRIFFIN  --  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.
   §  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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07009-01-1
              

 A. 3479                             2
 
   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
 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

 A. 3479                             3
 
 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.