Amd Art 11 Head, §§212 & 215, add §231, Pub Serv L; add §148, St Fin L
Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8882C
SPONSOR: Fahy (MS) TITLE OF BILL: An act to amend the public service law and the state
finance law, in relation to instituting internet service neutrality
PURPOSE OR GENERAL IDEA OF BILL:
To give the Public Service Commission (PSC) the authority to monitor the
practices of internet service providers and certify their compliance
with net neutrality principles. The bill directs New York State, its
authorities, and municipalities to not engage in procurement with inter-
net service providers whose compliance with net-neutrality principles is
not certified by the PSC.
SUMMARY OF PROVISIONS:
Section 1: Amends the heading of article 11 of the public service law as
added by chapter 83 of the laws of 1995.
Section 2: Section 212 of the public service law is amended by adding
two new subdivisions 15 & 16.
Section 3: Amends section heading of section 215 of the public service
laws added by chapter 83 of the laws of 1995, is amended and a new
subdivision 14 is added.
Section 4: The state finance law is added by adding a new section 148.
Section 5: The public service law is amended by adding a new section
231. Section 6: Effective date.
JUSTIFICATION:
Federal net neutrality principles have ensured that the internet remains
open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December
2017 vote to undo the regulations protecting an open internet, this bill
directs the Public Service Commission (PSC) to establish a process for
internet service providers (ISPs) to certify that they follow net
neutrality principles. In order to make these certifications, the PSC
will use federally-mandated reporting requirements on net neutrality,
which require ISPs publicly disclose unfair practices such as throttling
or paid prioritization. Using these federally mandated reporting
requirements will ensure New York State is able to adhere to net
neutrality principles despite the FCC's ruling while avoiding federal
preemption. Further, the bill will require that New York State agencies,
public authorities, municipalities, municipal corporations and libraries
only contract with ISPs certified by the PSC to follow net neutrality
principles. This measure will use New York's buying power as a large
consumer of internet services to encourage ISPs to abide by net-neutral-
ity principles.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
