The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    455
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  RAMOS, WALLACE, FAHY, THIELE, STERN,
   KELLES, JEAN-PIERRE, JACOBSON, LUNSFORD, McMAHON, BURKE, OTIS, GANDOL-
   FO -- read once and referred to the Committee on Corporations, Author-
   ities and Commissions
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02746-01-3
 A. 455                              2

 
   1.  "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.
   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.