Assembly Bill A1116

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1116
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, KIM, SIMON, COLTON, EPSTEIN -- read
   once and referred to the Committee on  Corporations,  Authorities  and
   Commissions
 
 AN  ACT  to  amend the public service law, in relation to requiring that
   internet providers who provide service in a municipality provide basic
   internet service to each residential dwelling or residential  dwelling
   unit in that municipality at no cost
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 104-b to read as follows:
   §  104-B.  PROVISION  OF  INTERNET SERVICES. 1. THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO EVERY PROVIDER OF A BROADBAND INTERNET LINE WHICH
 LIES WHOLLY WITHIN THE STATE AND THAT PART WITHIN THE STATE OF NEW  YORK
 OF  EVERY  BROADBAND  INTERNET  LINE WHICH LIES PARTLY WITHIN AND PARTLY
 WITHOUT THE STATE AND TO THE PERSONS, ENTITIES OR  CORPORATIONS  OWNING,
 LEASING OR OPERATING ANY SUCH BROADBAND INTERNET LINE.
   2.  AS  USED  IN  THIS  SECTION, "INTERNET SERVICE PROVIDER" MEANS ANY
 PERSON, BUSINESS, ENTITY OR ORGANIZATION QUALIFIED  TO  DO  BUSINESS  IN
 THIS  STATE  THAT  PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES
 WITHIN THE STATE WITH THE ABILITY TO CONNECT  TO  THE  INTERNET  THROUGH
 EQUIPMENT THAT IS LOCATED IN THIS STATE.
   3.  EACH INTERNET PROVIDER THAT PROVIDES SERVICE TO CUSTOMERS WITHIN A
 MUNICIPALITY SHALL PROVIDE BASIC INTERNET SERVICE  TO  EACH  RESIDENTIAL
 DWELLING  OR  UNIT  CONTAINED  WITHIN  SUCH RESIDENTIAL DWELLING IN THAT
 MUNICIPALITY AT NO COST TO THE PERSONS OCCUPYING SUCH DWELLING OR UNIT.
   4. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS  SECTION,  INCLUDING,  BUT  NOT  LIMITED  TO  THE
 FOLLOWING:
   (A)  RULES  AND  REGULATIONS  TO  APPORTION THE RESPONSIBILITY OF EACH
 PROVIDER IN THE EVENT THAT A MUNICIPALITY HAS AUTHORIZED MORE  THAN  ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02986-01-3
              

 A. 1116                             2
 
 INTERNET  PROVIDER  TO OPERATE WITHIN THE GEOGRAPHIC AREA OF THE MUNICI-
 PALITY; AND
   (B)  RULES  AND REGULATIONS TO ENSURE SUCH COMPLIANCE INTERNET SERVICE
 PROVIDERS WITH THE PROVISIONS OF THIS SECTION.
   5. NO INTERNET SERVICE PROVIDER SHALL ASSIGN OR TRANSFER LIABILITY FOR
 ITS OBLIGATIONS UNDER THIS SECTION TO ANY OTHER PERSON, BUSINESS, ENTITY
 OR ORGANIZATION OR CONTRACT FOR ANY OTHER PERSON,  BUSINESS,  ENTITY  OR
 ORGANIZATION  TO  PERFORM  THE  INTERNET SERVICE PROVIDER'S DUTIES UNDER
 THIS SECTION WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment,  and/or  repeal of any rule or regulation necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.