Senate Bill S5117

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5117
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 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 enacting the "NY
   broadband resiliency, public safety and quality act"

   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 "NY broadband resiliency, public safety and quality act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that access to high-speed broadband service is a necessity and essential
 to  participation in the economy, education and civic life. Closing gaps
 in broadband availability is a matter of deployment,  affordability  and
 ensuring  networks  are  resilient,  high  quality and facilitate public
 safety. Because voice over internet protocol  has  replaced  traditional
 voice  telephone service for a large segment of the population, ensuring
 its reliability is in the public interest  and  consistent  with  public
 safety goals. State regulators require unambiguous authority and a clear
 mandate to establish and enforce appropriate oversight and regulation of
 broadband  and voice over internet protocol service in order to meet the
 state's goals of universal, high-quality and affordable access.
   § 3. The public service law is amended by adding a new article  12  to
 read as follows:
                                ARTICLE 12
            BROADBAND RESILIENCY, PUBLIC SAFETY AND QUALITY ACT
 SECTION 250. DEFINITIONS.
         251. OVERSIGHT OF BROADBAND AND VOIP SERVICE.
   §  250.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET  RETAIL  SERVICE  THAT
 PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09028-01-1

 S. 5117                             2
 
 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.
   2.  "INTERNET  SERVICE  PROVIDER"  SHALL  MEAN ANY PERSON, BUSINESS OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES  INDI-
 VIDUALS,  CORPORATIONS  OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO
 THE INTERNET WITH A BROADBAND SERVICE.
   3. "VOICE OVER INTERNET PROTOCOL" OR "VOIP" SHALL  MEAN  AN  INTERCON-
 NECTED VOICE OVER INTERNET PROTOCOL SERVICE THAT:
   (A) ENABLES REAL-TIME, TWO-WAY VOICE COMMUNICATIONS;
   (B) REQUIRES A BROADBAND CONNECTION FROM THE USER'S LOCATION;
   (C) REQUIRES INTERNET PROTOCOL-COMPATIBLE CUSTOMER PREMISES EQUIPMENT;
 AND
   (D)  PERMITS  USERS  TO  RECEIVE  CALLS  THAT  ORIGINATE ON THE PUBLIC
 SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
 TELEPHONE NETWORK.
   § 251. OVERSIGHT OF BROADBAND AND VOIP SERVICE. 1. THE PUBLIC  SERVICE
 COMMISSION SHALL BE AUTHORIZED TO EXERCISE OVERSIGHT REGARDING BROADBAND
 AND VOIP SERVICE.
   2.  THE  PUBLIC  SERVICE  COMMISSION  SHALL PROMULGATE RULES AND REGU-
 LATIONS NECESSARY TO IMPLEMENT EFFECTIVE OVERSIGHT OF BROADBAND AND VOIP
 SERVICE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (A) ENSURING THE RESILIENCY AND RELIABILITY OF  BROADBAND  INFRASTRUC-
 TURE  AND  REQUIRING  INTERNET  SERVICE  PROVIDERS TO SUBMIT INFORMATION
 RELATED TO NETWORK RELIABILITY.
   (B) ENSURING THE PUBLIC SAFETY AND ADEQUACY OF NETWORKS BY  EXERCISING
 OVERSIGHT  OF  INTERNET  SERVICE  PROVIDERS'  EMERGENCY PREPAREDNESS AND
 PLANS FOR POST-EMERGENCY  NETWORK  RESTORATION,  INCLUDING  ESTABLISHING
 MINIMUM  POWER  BACK-UP  REQUIREMENTS AND REQUIRING ALL INTERNET SERVICE
 PROVIDERS TO MAINTAIN NETWORKS SUFFICIENTLY TO ENSURE RELIABLE AND  SAFE
 COMMUNICATIONS SERVICES.
   (C) REQUIRING INTERNET SERVICE PROVIDERS TO REPORT DATA ON THE PRICING
 AND ADOPTION OF VOIP AND BROADBAND SERVICE.
   3.  THE PUBLIC SERVICE COMMISSION SHALL CONDUCT EVALUATIONS AND AUDITS
 OF FACILITIES AND INFRASTRUCTURE USED  TO  PROVIDE  HIGH-SPEED  INTERNET
 SERVICE  AND  EVALUATE FACILITIES AND INFRASTRUCTURE IN REGARDS TO AREAS
 OF PUBLIC SAFETY, RESILIENCY, BROADBAND AND ANYTHING ELSE THE COMMISSION
 DEEMS RELEVANT TO ACHIEVING GOALS  OF  RESILIENCY,  QUALITY  AND  PUBLIC
 SAFETY  IN  BROADBAND SERVICE, AS WELL AS THE OVERALL GOALS OF UNIVERSAL
 ACCESS AND AFFORDABILITY OF BROADBAND SERVICE.
   4. THE PUBLIC SERVICE COMMISSION SHALL REPORT ANNUALLY TO THE LEGISLA-
 TURE ON PROGRESS TOWARDS ACHIEVING GOALS OF  RESILIENCY,  PUBLIC  SAFETY
 AND QUALITY OF BROADBAND AND VOIP SERVICE.
   § 4. This act shall take effect immediately.