Requires the public service commission to review broadband and fiber optic services within the state; requires the expansion of broadband and fiber optic services.
STATE OF NEW YORK
________________________________________________________________________
4878--B
Cal. No. 600
2021-2022 Regular Sessions
IN SENATE
February 17, 2021
___________
Introduced by Sens. RYAN, BENJAMIN, BIAGGI, BORRELLO, GALLIVAN, HINCHEY,
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.
LBD09831-03-1
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.