Senate Bill S4878B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4878
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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, in relation to the public
   service commission reviewing broadband and fiber optic services within
   the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive broadband connectivity act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that  access  to  high-speed  internet  is a fundamental right and it is
 incumbent upon the State to ensure provision of this right to every  New
 Yorker.  Yet  many  areas  of  the  state do not have access to adequate
 broadband services. The lack of competition  in  the  telecommunications
 marketplace  has  been a cause of deteriorated service for customers and
 users of regulated telephonic and telecommunications services. The  lack
 of  access  to adequate internet services for schools, businesses, fami-
 lies, and healthcare facilities has had  substantial  negative  economic
 and  social  impact  particularly  in  rural  and  other underserved and
 unserved communities.
   § 3. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  BROADBAND  AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT  LEAST  TWO  INTERNET
 SERVICE  PROVIDERS  AND  AT  LEAST  ONE  SUCH PROVIDER OFFERS HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25  MEGA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09831-01-1
              

 S. 4878                             2
 
 BITS  PER  SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL-
 ABLE.
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE  OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS AVAIL-
 ABLE.
   (D) THE TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET  SERVICE  OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E)  THE  TERM  "BROADBAND  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 SERVICE.
   (F)  THE  TERM  "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS OR ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS  STATE  THAT
 PROVIDES  INDIVIDUALS,  CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY
 TO CONNECT TO THE INTERNET.
   2. THE COMMISSION SHALL  STUDY  THE  AVAILABILITY,  AFFORDABILITY  AND
 RELIABILITY  OF  HIGH-SPEED  INTERNET AND BROADBAND SERVICES IN NEW YORK
 STATE. THE COMMISSION SHALL:
   (A) ASSESS THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING  LEVELS  OF
 COMPETITION  AMONG  PROVIDERS,  AS  WELL AS ANY REGULATORY AND STATUTORY
 BARRIERS, IN ORDER TO DELIVER COMPREHENSIVE STATEWIDE  ACCESS  TO  HIGH-
 SPEED INTERNET;
   (B)  REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT BEST
 SUPPORT HIGH-SPEED INTERNET SERVICE IN UNDERSERVED  OR  UNSERVED  AREAS,
 AND  MAKE  RECOMMENDATIONS  ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN
 UNDERSERVED AND UNSERVED AREAS;
   (C) IDENTIFY INSTANCES WHERE  LOCAL  FRANCHISE  AGREEMENTS  AND  LEGAL
 SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH;
   (D)  IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY;
   (E) IDENTIFY LOCATIONS  WHERE  THE  COMMISSION  BELIEVES  FIBER  OPTIC
 SERVICE  IS  NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF COMMISSION'S
 POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE;
   (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD-
 BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS
 OF THE STATE; AND
   (G) PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED  INTERNET
 ACCESS  MAP  OF  THE  STATE,  INDICATING  ACCESS  TO INTERNET SERVICE BY
 LOCATION. SUCH MAP SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOWING
 INFORMATION FOR EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II)  THE  CONSISTENCY  AND  RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING BUT NOT LIMITED TO DIAL-UP, BROADBAND,  WIRELESS,  FIBER,  COAX,  OR
 SATELLITE;
   (IV)  THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.
   3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND  RECOMMEN-
 DATIONS  FROM  THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF

 S. 4878                             3
 
 THE  ASSEMBLY  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND AN UPDATED REPORT ANNUALLY THEREAFTER.  SUCH  REPORT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B) A REGIONAL SURVEY OF INTERNET  SERVICE  PRICES  IN  COMPARISON  TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN
 NEW YORK STATE;
   (D) ANY RELEVANT USAGE STATISTICS;
   (E)  ANY  OTHER  METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN
 ORDER TO ASSESS  THE  AVAILABILITY,  AFFORDABILITY  AND  RELIABILITY  OF
 INTERNET SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 THIS SECTION.
   4.  THE  COMMISSION  SHALL HOLD AT LEAST FOUR REGIONAL PUBLIC HEARINGS
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT  INPUT
 FROM  THE  PUBLIC  AND  OTHER  STAKEHOLDERS INCLUDING BUT NOT LIMITED TO
 INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS, PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION,  AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5.  THE  COMMISSION  SHALL WORK WITH INTERNET SERVICE PROVIDERS IN THE
 STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE
 COMMUNITIES DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND  SOCIAL
 IMPACTS  DUE  TO  ABSENT, INSUFFICIENT, OR INADEQUATE BROADBAND OR FIBER
 OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   6. TO EFFECTUATE THE PURPOSES OF  THIS  SECTION,  THE  COMMISSION  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  STATE  PUBLIC  AUTHORITY
 SUCH  ASSISTANCE,  INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4878--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sens. RYAN, HINCHEY, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public service law, in  relation  to  directing  the
   public service commission to review broadband and fiber optic services
   within the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "comprehensive broadband connectivity act".
   §  2.  Legislative findings. The legislature hereby finds and declares
 that more granular  and adequate broadband mapping is an essential  next
 step  in  continuing   the progress of expanding access to high-quality,
 affordable broadband  access in New York State. The New  York  Broadband
 Program has  helped expand broadband service to hundreds of thousands of
 previously    underserved  New Yorkers. However, many still lack access.
 Due to a lack  of comprehensive data, measuring the true extent of  this
 problem  has  been hampered by the limitations of federal data on broad-
 band access.   More accurate and  comprehensive  data  is  necessary  to
 complete the  State's work in ensuring truly universal broadband access.
   §  3.  The public service law is amended by adding a new section 224-c
 to read as follows:
   § 224-C. BROADBAND AND FIBER OPTIC SERVICES. 1. FOR  THE  PURPOSES  OF
 THIS SECTION:
   (A)  THE  TERM  "SERVED" MEANS ANY LOCATION WITH AT LEAST TWO INTERNET
 SERVICE PROVIDERS AND AT  LEAST  ONE  SUCH  PROVIDER  OFFERS  HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET  SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25 MEGA-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09831-02-1
              

 S. 4878--A                          2
 
 BITS PER SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS  DOWNLOAD  AVAIL-
 ABLE.
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE  OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS AVAIL-
 ABLE.
   (D) THE TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET  SERVICE  OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E)  THE  TERM  "BROADBAND  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 SERVICE.
   (F)  THE  TERM  "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS OR ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS  STATE  THAT
 PROVIDES  INDIVIDUALS,  CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY
 TO CONNECT TO THE INTERNET.
   2. THE COMMISSION SHALL  STUDY  THE  AVAILABILITY,  AFFORDABILITY  AND
 RELIABILITY  OF  HIGH-SPEED  INTERNET AND BROADBAND SERVICES IN NEW YORK
 STATE. THE COMMISSION SHALL, WITH THE ASSISTANCE OF THE NEW  YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY, TO THE EXTENT PRACTICABLE
 UNDER NEW YORK STATE LAW:
   (A) ASSESS THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING  LEVELS  OF
 COMPETITION  AMONG  PROVIDERS,  AS  WELL AS ANY REGULATORY AND STATUTORY
 BARRIERS, IN ORDER TO DELIVER COMPREHENSIVE STATEWIDE  ACCESS  TO  HIGH-
 SPEED INTERNET;
   (B)  REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT BEST
 SUPPORT HIGH-SPEED INTERNET SERVICE IN UNDERSERVED  OR  UNSERVED  AREAS,
 AND  MAKE  RECOMMENDATIONS  ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN
 UNDERSERVED AND UNSERVED AREAS;
   (C) IDENTIFY INSTANCES WHERE  LOCAL  FRANCHISE  AGREEMENTS  AND  LEGAL
 SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH;
   (D)  IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY;
   (E) IDENTIFY LOCATIONS  WHERE  THE  COMMISSION  BELIEVES  FIBER  OPTIC
 SERVICE  IS  NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF COMMISSION'S
 POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE;
   (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD-
 BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS
 OF THE STATE; AND
   (G) PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED  INTERNET
 ACCESS  MAP  OF  THE  STATE,  INDICATING  ACCESS  TO INTERNET SERVICE BY
 LOCATION. SUCH MAP SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOWING
 INFORMATION FOR EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II)  THE  CONSISTENCY  AND  RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING BUT NOT LIMITED TO DIAL-UP, BROADBAND,  WIRELESS,  FIBER,  COAX,  OR
 SATELLITE;
   (IV)  THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.

 S. 4878--A                          3
 
   3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND  RECOMMEN-
 DATIONS  FROM  THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
 THE  ASSEMBLY  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION,  AND  AN  UPDATED REPORT ANNUALLY THEREAFTER. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED  INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B)  A  REGIONAL  SURVEY  OF  INTERNET SERVICE PRICES IN COMPARISON TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN
 NEW YORK STATE;
   (D) ANY RELEVANT USAGE STATISTICS;
   (E) ANY OTHER METRICS OR ANALYSES THE COMMISSION  DEEMS  NECESSARY  IN
 ORDER  TO  ASSESS  THE  AVAILABILITY,  AFFORDABILITY  AND RELIABILITY OF
 INTERNET SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 THIS SECTION.
   4. THE COMMISSION SHALL HOLD AT LEAST FOUR  REGIONAL  PUBLIC  HEARINGS
 WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT INPUT
 FROM THE PUBLIC AND OTHER STAKEHOLDERS  INCLUDING  BUT  NOT  LIMITED  TO
 INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS,  PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION, AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5. THE COMMISSION SHALL WORK WITH INTERNET SERVICE  PROVIDERS  IN  THE
 STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE
 COMMUNITIES  DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND SOCIAL
 IMPACTS DUE TO ABSENT, INSUFFICIENT, OR INADEQUATE  BROADBAND  OR  FIBER
 OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   6.  TO  EFFECTUATE  THE  PURPOSES  OF THIS SECTION, THE COMMISSION MAY
 REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,  BUREAU,
 COMMISSION  OR  OTHER  AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY
 SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE  COMMISSION  TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.