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A01116 Summary:

BILL NOA01116
 
SAME ASNo Same As
 
SPONSORJacobson
 
COSPNSRKim, Simon, Colton, Epstein, Raga, Eachus
 
MLTSPNSR
 
Add §104-b, Pub Serv L
 
Requires 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.
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A01116 Actions:

BILL NOA01116
 
01/13/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A01116 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1116
 
SPONSOR: Jacobson
  TITLE OF BILL: 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   PURPOSE: This bill requires that internet providers that provide service in a municipality provide basic internet service to each residential dwelling or residential dwelling unit in that municipality at no cost   SUMMARY OF PROVISIONS: Section 1 amends the Public Service Law is amended by adding a new Section 104. Subdivision 1 provides that the provision of this section shall apply to every provider of a broadband internet line which lies wholly or partly within the state and to the persons, entities or corporations owning, leasing or operating such broadband internet line. Subdivision 2 defines Internet service provider" as any person, busi- ness, 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. Subdivision 3 provides that each internet provider that provides service to customers with a municipality shall provide basic internet service to each residential dwelling or unit contained with such residential dwell- ing in that municipality at no cost to the persons occupying such dwell- ing or unit. Subdivision 4 provides that the Public Service Commission shall promul- gate rules and regulations to effectuation the provision of this section, including, but not limited to: (a) rules and regulations to apportion the responsibility of each provider in the event that a municipality has authorized more than one internet provider to operate with the geographic area of the munici- pality; and (b) rules and regulations to ensure such compliance internet service providers with the provision of this section Subdivision 5 providers that no internet service provider shall assign or transfer liability for its obligations under this section to any other entity or contract with another entity to perform the internet service provider's duties under this section without the prior written consent of the public service commission. Section 2 sets forth the effective date which is 120 days after it shall become law. Effective immediately, however, the addition, amendment, and/or repeal of any rule or regulation for the implementation of this action on its effective date authorized to be made and completed on or before such effective date.   JUSTIFICATION: One of the many lessons that the coronavirus crisis has taught us is that access to the internet is essential to our society's future success. From working at home to online learning, no one can fully participate in 21st Century life without the internet. Yet, many parts of the state-urban, suburban, and rural areas alike-are essentially internet wastelands. In rural areas where there are too few customers, internet providers have no incentive to provide service. In other areas, service is available, but at a cost that is prohibitive for many low-in- come residents. According to a report from the National Assessment of Education Progress released in May 2019, 18.22% of households in New York State with school age children did not have broadband access. When the coronavirus closed school buildings and educators shifted to teaching online, many students were shut out of an education because they did not have internet service at home. In normal circumstances, these students could go to a local library or a business that offered free wi-fi. But during this pandemic, libraries were closed, and other locations were not available. School districts were left scrambling to create their own public hotspots. Our current situation recalls similar disparities around the availabili- ty of electricity at the beginning of the 20th Century. Then, action was taken to provide electricity to all areas of the country. Now, the same needs to happen to ensure all of us can access the internet. The cost of providing universal service will be spread among millions of existing and new customers, ensuring that access is available as a right and not as a luxury. It is a small price to pay to make sure that every- one can participate in the 21' Century.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A10475 - Referred to Assembly Consumer Affairs and Protection Committee 2021-2022: A2219 - Referred to Assembly Corporations, Authorities and Commissions Committee   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: The act shall take effect 120 days after it shall become law. Effective immediately, however, the addition, amendment, and/or repeal of any rule or regulation for the implementation of this action on its effective date authorized to be made and completed on or before such effective date.
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A01116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1116
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. The public service law is amended by adding a  new  section
     2  104-b to read as follows:
     3    §  104-b.  Provision  of  internet services. 1. The provisions of this
     4  section shall apply to every provider of a broadband internet line which
     5  lies wholly within the state and that part within the state of New  York
     6  of  every  broadband  internet  line which lies partly within and partly
     7  without the state and to the persons, entities or  corporations  owning,
     8  leasing or operating any such broadband internet line.
     9    2.  As  used  in  this  section, "internet service provider" means any
    10  person, business, entity or organization qualified  to  do  business  in
    11  this  state  that  provides individuals, corporations, or other entities
    12  within the state with the ability to connect  to  the  internet  through
    13  equipment that is located in this state.
    14    3.  Each internet provider that provides service to customers within a
    15  municipality shall provide basic internet service  to  each  residential
    16  dwelling  or  unit  contained  within  such residential dwelling in that
    17  municipality at no cost to the persons occupying such dwelling or unit.
    18    4. The commission shall promulgate rules and regulations to effectuate
    19  the provisions of this  section,  including,  but  not  limited  to  the
    20  following:
    21    (a)  rules  and  regulations  to  apportion the responsibility of each
    22  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
 
     1  internet  provider  to operate within the geographic area of the munici-
     2  pality; and
     3    (b)  rules  and regulations to ensure such compliance internet service
     4  providers with the provisions of this section.
     5    5. No internet service provider shall assign or transfer liability for
     6  its obligations under this section to any other person, business, entity
     7  or organization or contract for any other person,  business,  entity  or
     8  organization  to  perform  the  internet service provider's duties under
     9  this section without the prior written consent of the commission.
    10    § 2. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law. Effective immediately, the addition,  amend-
    12  ment,  and/or  repeal of any rule or regulation necessary for the imple-
    13  mentation of this act on its effective date are authorized  to  be  made
    14  and completed on or before such effective date.
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