Senate Bill S5626

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5626
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the economic development law, in relation  to  directing
   the empire state development corporation to publish and maintain a map
   reflecting  the  aggregation  of  information  broadband providers are
   submitting in the ongoing FCC mapping proceeding
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  economic  development law is amended by adding a new
 article 23 to read as follows:
                                ARTICLE 23
                         BROADBAND MAPPING PROGRAM
 SECTION 450. BROADBAND MAPPING PROGRAM.
   § 450. BROADBAND MAPPING PROGRAM.   1. DEFINITIONS.  FOR  PURPOSES  OF
 THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BROADBAND PROVIDER" MEANS A PROVIDER OF FIXED OR MOBILE BROADBAND
 INTERNET  ACCESS SERVICE AND INCLUDES ANY ENTITY REQUIRED TO PROVIDE THE
 FEDERAL GOVERNMENT WITH INFORMATION ON FEDERAL COMMUNICATIONS COMMISSION
 FORM 477 OR AS PART OF THE FEDERAL DIGITAL OPPORTUNITY  DATA  COLLECTION
 PROGRAM  OR  A  PROVIDER  OF  SATELLITE-BASED  BROADBAND INTERNET ACCESS
 SERVICE THAT HAS  BEEN  DESIGNATED  AS  AN  ELIGIBLE  TELECOMMUNICATIONS
 CARRIER PURSUANT TO 47 U.S.C. § 214(E)(6) FOR ANY PORTION OF NEW YORK.
   (B) "CHIEF ADVISOR" MEANS THE BROADBAND PROGRAM OFFICE ASSISTANT VICE-
 PRESIDENT OF INNOVATION AND BROADBAND.
   (C) "MAP" MEANS THE STATEWIDE BROADBAND AVAILABILITY MAP DEVELOPED AND
 MAINTAINED PURSUANT TO THIS ARTICLE.
   2.  THE  EMPIRE  STATE  DEVELOPMENT CORPORATION SHALL, IN COORDINATION
 WITH THE CHIEF ADVISOR, DEVELOP A STATEWIDE BROADBAND  AVAILABILITY  MAP
 INDICATING BROADBAND COVERAGE, INCLUDING MAXIMUM BROADBAND SPEEDS AVAIL-
 ABLE  IN  SERVICE  TERRITORIES IN NEW YORK. THE EMPIRE STATE DEVELOPMENT
 CORPORATION AND THE CHIEF ADVISOR SHALL PROVIDE THE INITIAL MAP BY  JULY
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  OR AS SOON AS PRACTICABLE, AND SHALL
 UPDATE THE MAP AT LEAST ANNUALLY.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10457-01-1

 S. 5626                             2
 
   3. BROADBAND PROVIDERS SHALL BE REQUIRED  TO  SUBMIT  UPDATED  SERVICE
 TERRITORY DATA TO THE EMPIRE STATE DEVELOPMENT CORPORATION ANNUALLY. THE
 EMPIRE  STATE  DEVELOPMENT  CORPORATION SHALL ESTABLISH A PROCESS, TIME-
 LINE, AND SPECIFIC DATA REQUIREMENTS FOR BROADBAND PROVIDERS  TO  SUBMIT
 THEIR  DATA.  ALL  PUBLIC  BODIES  SHALL COOPERATE WITH THE EMPIRE STATE
 DEVELOPMENT CORPORATION, OR ANY AGENT THEREOF, TO FURNISH DATA REQUESTED
 BY THE AGENCY FOR THE INITIAL IMPROVEMENT AND MAINTENANCE OF THE MAP.
   4. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL NOT  REQUIRE  BROAD-
 BAND  PROVIDERS  TO  SUBMIT  ANY DATA, IN SUBSTANTIVE CONTENT OR FORM OR
 SCHEDULE, BEYOND OR IN ADVANCE OF THAT WHICH THE PROVIDER IS REQUIRED TO
 SUBMIT TO THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO THE  FEDERAL
 BROADBAND  DEPLOYMENT  ACCURACY  AND  TECHNOLOGICAL AVAILABILITY ACT, 47
 U.S.C. § 641 ET. SEQ., PROVIDED, HOWEVER, THAT SATELLITE-BASED BROADBAND
 PROVIDERS THAT HAVE BEEN DESIGNATED AS  AN  ELIGIBLE  TELECOMMUNICATIONS
 CARRIER  PURSUANT  TO  47 U.S.C. § 214(E)(6) FOR ANY PORTION OF NEW YORK
 SHALL BE REQUIRED TO SUBMIT COMPARABLE DATA AS OTHER  BROADBAND  PROVID-
 ERS.  PUBLIC  BODIES  AND  BROADBAND  PROVIDERS SHALL NOT BE REQUIRED TO
 SUBMIT ANY CUSTOMER INFORMATION, SUCH AS NAMES,  ADDRESSES,  OR  ACCOUNT
 NUMBERS.
   5.  THE  EMPIRE STATE DEVELOPMENT CORPORATION MAY PUBLISH ONLY ANONYM-
 IZED VERSIONS OF THE MAP,  SHOWING  LOCATIONS  SERVED  AND  UNSERVED  BY
 BROADBAND  WITHOUT REFERENCE TO ANY SPECIFIC PROVIDER. THE MAP SHALL NOT
 INCLUDE INFORMATION REGARDING OWNERSHIP OR CONTROL OVER THE  NETWORK  OR
 NETWORKS  PROVIDING  SERVICE.  THE  EMPIRE STATE DEVELOPMENT CORPORATION
 SHALL ESTABLISH A PROCESS FOR BROADBAND PROVIDERS TO PETITION THE AGENCY
 TO CORRECT INACCURACIES IN THE MAP.
   6. MAPS PUBLISHED BY THE EMPIRE STATE DEVELOPMENT CORPORATION PURSUANT
 TO THIS SECTION MAY BE CONSIDERED, BUT SHALL NOT BE  CONSIDERED  CONCLU-
 SIVE, FOR PURPOSES OF DETERMINING ELIGIBILITY FOR FUNDING FOR NEW YORK'S
 BROADBAND  EXPANSION GRANT OR LOAN PROGRAMS, INCLUDING THE NEW NY BROAD-
 BAND PROGRAM OR CHALLENGES THERETO.
   7. THE EMPIRE STATE DEVELOPMENT CORPORATION:  (A)  MAY  CONTRACT  WITH
 PRIVATE  PARTIES  TO MAKE THE NECESSARY IMPROVEMENTS TO THE EXISTING MAP
 AND TO MAINTAIN THE MAP. SUCH PRIVATE PARTIES MAY INCLUDE  ANY  ENTITIES
 AND INDIVIDUALS SELECTED BY THE AGENCY TO ASSIST THE AGENCY IN IMPROVING
 AND  MAINTAINING  SUCH A MAP; (B) SHALL CONSULT EXISTING BROADBAND MAPS,
 PARTICULARLY THOSE PUBLISHED BY THE FEDERAL  COMMUNICATIONS  COMMISSION;
 AND (C) MAY ACQUIRE EXISTING, PRIVATELY HELD DATA OR MAPPING INFORMATION
 THAT MAY CONTRIBUTE TO THE ACCURACY OF THE MAP.
   8.  INFORMATION  SUBMITTED  BY A BROADBAND PROVIDER IN CONNECTION WITH
 THIS SECTION SHALL BE EXCLUDED FROM THE PUBLIC  DISCLOSURE  REQUIREMENTS
 OF  ARTICLE SIX OF THE PUBLIC OFFICERS LAW. INFORMATION SUBMITTED BY THE
 A BROADBAND PROVIDER PURSUANT TO THIS SECTION SHALL BE USED  SOLELY  FOR
 THE  PURPOSES STATED UNDER THIS SECTION AND SHALL NOT BE RELEASED BY THE
 EMPIRE STATE DEVELOPMENT CORPORATION, OR ANY OTHER PUBLIC RECORDS CUSTO-
 DIAN, WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SUBMITTING BROADBAND
 PROVIDER.
   9. THE EMPIRE STATE DEVELOPMENT CORPORATION  SHALL  ANNUALLY  EVALUATE
 FEDERAL  MAPPING  DATA  AND  SHALL  WAIVE  THE REQUIREMENT FOR BROADBAND
 PROVIDERS TO SUBMIT TERRITORY DATA IF A MAP OF NEAR IDENTICAL OR GREATER
 QUALITY IS MADE PUBLICLY AVAILABLE BY THE FEDERAL COMMUNICATIONS COMMIS-
 SION AS PART OF THE FEDERAL DIGITAL OPPORTUNITY DATA COLLECTION  PROGRAM
 OR ITS SUCCESSOR. THIS WAIVER SHALL NOT BE UNREASONABLY WITHHELD.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.