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S04878 Summary:

Add §224-c, Pub Serv L
Requires the public service commission to review broadband and fiber optic services within the state; requires the expansion of broadband and fiber optic services.
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S04878 Actions:

02/25/2021PRINT NUMBER 4878A
03/17/20211ST REPORT CAL.600
03/18/20212ND REPORT CAL.
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S04878 Memo:

Memo not available
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S04878 Text:

                STATE OF NEW YORK
            Cal. No. 600
                               2021-2022 Regular Sessions
                    IN SENATE
                                    February 17, 2021
          JORDAN, MAY, SEPULVEDA, SKOUFIS, STEC -- read twice and ordered print-
          ed,  and  when  printed to be committed to the Committee on Energy and
          Telecommunications --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading
        AN ACT to amend the public service law, in  relation  to  directing  the
          public service commission to review broadband and fiber optic services
          within the state
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "comprehensive broadband connectivity act".
     3    §  2.  Legislative findings. The legislature hereby finds and declares
     4  that more granular and adequate broadband mapping is an  essential  next
     5  step  in  continuing  the  progress of expanding access to high-quality,
     6  affordable broadband  access in New York state. The New  York  Broadband
     7  Program has  helped expand broadband service to hundreds of thousands of
     8  previously    underserved  New Yorkers. However, many still lack access.
     9  Due to a lack  of comprehensive data, measuring the true extent of  this
    10  problem  has  been hampered by the limitations of federal data on broad-
    11  band access. More  accurate  and  comprehensive  data  is  necessary  to
    12  complete the state's work in ensuring truly universal broadband access.
    13    §  3.  The public service law is amended by adding a new section 224-c
    14  to read as follows:
    15    § 224-c. Broadband and fiber optic services. 1. For  the  purposes  of
    16  this section:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4878--B                          2
     1    (a)  The  term  "served" means any location with at least two internet
     2  service providers and at  least  one  such  provider  offers  high-speed
     3  internet service.
     4    (b) The term "underserved" means any location which has fewer than two
     5  internet  service providers, or has internet speeds of at least 25 mega-
     6  bits per second (mbps) download but less than 100 mbps  download  avail-
     7  able.
     8    (c) The term "unserved" means any location which has no fixed wireless
     9  service  or wired service with speeds of 25 mbps download or less avail-
    10  able.
    11    (d) The term "high-speed internet service" means internet  service  of
    12  at least 100 mbps download and at least 10 mbps upload.
    13    (e)  The  term  "broadband  service"  shall  mean a mass-market retail
    14  service that provides the capability to transmit  data  to  and  receive
    15  data  from  all  or substantially all internet endpoints, including  any
    16  capabilities that are incidental to and  enable  the  operation  of  the
    17  communications service, but shall not include dial-up service.
    18    (f)  The  term  "location" shall mean a geographic area smaller than a
    19  census tract.
    20    (g)  The term "internet service provider" shall mean any person, busi-
    21  ness or organization  qualified  to  do  business  in  this  state  that
    22  provides  individuals,  corporations, or other entities with the ability
    23  to connect to the internet.
    24    2. The commission shall  study  the  availability,  affordability  and
    25  reliability  of  high-speed  internet and broadband services in New York
    26  state. The commission shall, to the extent practicable  under  New  York
    27  state law:
    28    (a)  assess  the efficacy and make recommendations regarding levels of
    29  competition among providers, as well as  any  regulatory  and  statutory
    30  barriers,  in  order  to deliver comprehensive statewide access to high-
    31  speed internet;
    32    (b) review  available  technology  to  identify  solutions  that  best
    33  support  high-speed  internet  service in underserved or unserved areas,
    34  and make recommendations on ensuring deployment of  such  technology  in
    35  underserved and unserved areas;
    36    (c)  identify  instances  where  local  franchise agreements and legal
    37  settlements related to internet access have not been complied with;
    38    (d) identify locations where insufficient access to high-speed  inter-
    39  net and/or broadband service, and/or persistent digital divide, is caus-
    40  ing negative social or economic impact on the community;
    41    (e)  identify  locations  where  the  commission  believes fiber optic
    42  service is necessary for the successful implementation  of  commission's
    43  policies on competition, affordability, and adequate service;
    44    (f) examine any other telecommunications deficiencies affecting broad-
    45  band service it deems necessary to further the economic and social goals
    46  of the state; and
    47    (g)  produce, maintain and publish on its website, a detailed internet
    48  access map of the  state,  indicating  access  to  internet  service  by
    49  location.  Such  map shall include, but not be limited to, the following
    50  information for each location:
    51    (i) download and upload speeds advertised and experienced;
    52    (ii) the consistency and reliability of  download  and  upload  speeds
    53  including latency;
    54    (iii) the types of internet service and technologies available includ-
    55  ing  but  not  limited  to dial-up, broadband, wireless, fiber, coax, or
    56  satellite;

        S. 4878--B                          3

     1    (iv) the number of internet service providers available, the price  of
     2  internet service available; and
     3    (v) any other factors the commission may deem relevant.
     4    3.  The commission shall submit a report of its findings and recommen-
     5  dations from the study required in subdivision two of this  section,  to
     6  the  governor,  the temporary president of the senate and the speaker of
     7  the assembly no later than one year after the  effective  date  of  this
     8  section,  and  an  updated report annually thereafter. Such report shall
     9  include, but not be limited to, the following:
    10    (a) the overall number of residences with access to high-speed  inter-
    11  net identifying which areas are served, unserved and underserved;
    12    (b)  a  regional  survey  of  internet service prices in comparison to
    13  county-level median income;
    14    (c) an analysis of the affordability of high-speed internet service in
    15  New York state;
    16    (d) any relevant usage statistics;
    17    (e) any other metrics or analyses the commission  deems  necessary  in
    18  order  to  assess  the  availability,  affordability  and reliability of
    19  internet service in New York state; and
    20    (f) the map maintained pursuant to paragraph (g) of subdivision two of
    21  this section.
    22    4. The commission shall hold at least four  regional  public  hearings
    23  within  one year of the effective date of this section, to solicit input
    24  from the public and other stakeholders  including  but  not  limited  to
    25  internet service providers, telecommunications concerns, labor organiza-
    26  tions,  public safety organizations, healthcare, education, agricultural
    27  and other businesses or organizations.
    28    5. The commission shall work with internet service  providers  in  the
    29  state to prioritize access to broadband and fiber optic services for the
    30  communities  determined to have experienced negative economic and social
    31  impacts due to absent, insufficient, or inadequate  broadband  or  fiber
    32  optic service pursuant to subdivision one of this section.
    33    6.  To  effectuate  the  purposes  of this section, the commission may
    34  request and shall receive from any department, division, board,  bureau,
    35  commission  or  other  agency of the state or any state public authority
    36  such assistance, information and data as will enable the  commission  to
    37  carry out its powers and duties under this section.
    38    §  4.  This  act shall take effect on the thirtieth day after it shall
    39  have become a law.
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