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.