Legislation

Search OpenLegislation Statutes
This entry was published on 2021-04-23
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 224-C
Broadband and fiber optic services
Public Service (PBS) CHAPTER 48, ARTICLE 11
* § 224-c. Broadband and fiber optic services. 1. For the purposes of
this section:

(a) The term "served" means any location with at least two internet
service providers and at least one such provider offers high-speed
internet service.

(b) The term "underserved" means any location which has fewer than two
internet service providers, or has internet speeds of at least 25
megabits per second (mbps) download but less than 100 mbps download
available.

(c) The term "unserved" means any location which has no fixed wireless
service or wired service with speeds of less than 25 mbps download
available.

(d) The term "high-speed internet service" means internet service of
at least 100 mbps download and at least 10 mbps upload.

(e) The term "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.

(f) The term "location" shall mean a geographic area smaller than a
census tract.

(g) The term "internet service provider" shall mean any person,
business or organization qualified to do business in this state that
provides individuals, corporations, or other entities with the ability
to connect to the internet.

2. The commission shall study the availability, reliability, and cost
of high-speed internet and broadband services in New York state. The
commission shall, to the extent practicable:

(a) identify areas at a census block level that are served by a sole
provider and assess any state regulatory and statutory barriers related
to the delivery of comprehensive statewide access to high-speed
internet;

(b) review available technology to identify solutions that best
support high-speed internet service in underserved or unserved areas,
and make recommendations on ensuring deployment of such technology in
underserved and unserved areas;

(c) identify instances during the study period where local governments
have notified the commission of alleged non-compliance with franchise
agreements and instances of commission or department enforcement actions
that have had a direct impact on internet access;

(d) identify locations where insufficient access to high-speed
internet and/or broadband service, and/or persistent digital divide, is
causing negative social or economic impact on the community; and

(e) produce and publish on its website, a detailed internet access map
of the state, indicating access to internet service by location. Such
map shall include, but not be limited to, the following information for
each location:

(i) download and upload speeds advertised and experienced;

(ii) the consistency and reliability of download and upload speeds
including latency;

(iii) the types of internet service and technologies available
including but not limited to dial-up, broadband, wireless, fiber, coax,
or satellite;

(iv) the number of internet service providers available, the price of
internet service available; and

(v) any other factors the commission may deem relevant.

3. The commission shall submit a report of its findings and
recommendations from the study required in subdivision two of this
section, to the governor, the temporary president of the senate and the
speaker of the assembly no later than one year after the effective date
of this section, and an updated report annually thereafter. Such report
shall include, but not be limited to, the following, to the extent such
information is available:

(a) the overall number of residences with access to high-speed
internet identifying which areas are served, unserved and underserved;

(b) a regional survey of internet service prices in comparison to
county-level median income;

(c) any relevant consumer subscription statistics;

(d) any other metrics or analyses the commission deems necessary in
order to assess the availability, cost, and reliability of internet
service in New York state; and

(e) the map maintained pursuant to paragraph (e) of subdivision two of
this section.

4. The commission shall hold at least one public hearing in an upstate
region and one in a downstate region within one year of the effective
date of this section, to solicit input from the public and other
stakeholders including but not limited to internet service providers,
telecommunications concerns, labor organizations, public safety
organizations, healthcare, education, agricultural and other businesses
or organizations.

5. To effectuate the purposes of this section, the commission may
request and shall receive from any department, division, board, bureau,
commission or other agency of the state or any state public authority
such assistance, information and data as will enable the commission to
carry out its powers and duties under this section. Additionally,
internet service providers shall provide any information and data
requested by the commission that is related to the study required under
this section.

* NB Effective May 16, 2021