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.
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.
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.