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A03910 Summary:

BILL NOA03910
 
SAME ASSAME AS S00046
 
SPONSORVanel
 
COSPNSR
 
MLTSPNSR
 
Add Art 12 §§250 - 255, amd §§219 & 119-a, Pub Serv L; amd §165, St Fin L; add §104-d, Gen Muni L; amd §2879, Pub Auth L; amd §143, Ec Dev L
 
Provides regulatory control of Internet service providers by the public service commission, requires Internet neutrality and relates to the placement of equipment on utility poles.
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A03910 Actions:

BILL NOA03910
 
01/28/2021referred to corporations, authorities and commissions
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A03910 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3910
 
SPONSOR: Vanel
  TITLE OF BILL: An act to amend the public service law, in relation to Internet neutral- ity; and to amend the state finance law, the general municipal law, the public authorities law and the economic development law, in relation to requiring that procurement contracts require compliance with Internet neutrality requirements   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish a comprehensive framework to restore net neutrality and thus preserve a free and open internet..   SUMMARY OF PROVISIONS: Section 1 establishes legislative intent. It finds and declares this act is adopted pursuant to the police power of the state. Section 2 amends the public service law by adding a new article 12 that defines provisions relating to internet service providers including: internet neutrality, Broadband Internet Access Evaluation, and Infras- tructure awards. In addition to the authority granted to the commission, this grants the attorney general the ability to enforce provisions of this article under section sixty-three of executive law. This section establishes that nothing in this article supersedes or limits any obli- gation of an ISP to address the needs of emergency communications or law enforcement, public safety or national security authorities. Section 3 amends Section 219 of public service law to add,a new subdivi- sion 4 that establishes that certain definitions shall have the same meaning in this section as in section two hundred and fifty of this chapter. This section also prohibits certain activities by a cable oper- ator or video service provider, insofar as the provider has been granted a franchise, and any affiliate, insofar as the provider is engaged in providing broadband Internet access service. Section 4 amends Section 119-a of the public service law by providing that no permission shall be granted to a cable television or Internet service provider for attachments on utility poles as provided in the section unless such Internet service provider is in compliance with the provisions of section two hundred fifty-one of this chapter. Section 5 amends Section 165 of the state finance law by adding a new subdivision 9 that provides the state shall not purchase, provide fund- ing or enter into a contract with a provider of broadband internet access unless the service is consistent with the requirements of section two hundred-fifty-one of the public service law. If, after a contract is entered, the Internet service provider is deemed to have violated the sections the contract will be void and require repayments. There is an exemption for geographical areas with limited Internet access services. An Internet service provider shall publicly disclose accurate informa- tion sufficient to enable end users and purchasers to fully ascertain the service is conducted in a lawful manner. Section 6 amends the general municipal law that provides a municipal corporation shall not purchase, provide funding or enter into a contract with a provider of broadband Internet access unless the service is consistent with the requirements of section two hundred-fifty-one of the public service law. If, after a contract is entered, the Internet service provider is deemed to have violated the terms of this legis- lation, the contract will be void and require repayments. There is an exemption for geographical areas with limited Internet access services. An Internet service provider shall publicly disclose accurate informa- tion sufficient to enable end users and purchasers to fully ascertain that the service is conducted in a lawful manner. Section 7 amends section 2879 of the public authorities law by adding a new paragraph (n-1 that requires procurements comply with section two hundred fifty-one of the public service law. Section 8 amends section 143 of the economic development law to require each . agency to conduct procurements in a manner that complies with the provisions of section two hundred fifty one of the public service law. Section 9 establishes severability. Section 10 states this act shall take effect on the sixtieth day after it shall become law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: On December 14, 2017 the U.S. Federal Communications Commission (FCC) voted to repeal the open internet and "network neutrality" rules formal- ly established in 2015, but with roots stemming back to 2005. The underlying purpose of net neutrality is that all content on the internet should be treated equally. Without it, broadband providers which control access to the Internet can block or throttle certain services or appli- cations for their own profit, and distort what content a consumer can freely access. The Internet is now at risk of falling victim to the whims of Internet Service Providers (ISPs) managing and manipulating content and content speeds. Where the Federal government fails it is necessary for the states to step in and provide a platform for innovation and free expression, while protecting consumers and spurring the economy. Net neutrality has become enshrined in as a core principle to free speech and to the health of democracy. In a world in which the Internet is considered to be the "great equalizer," an open Internet allows for the creation of a plat- form for expanded discourse, greater access to information and the abil- ity of the disenfranchised to organize. Infringing on net neutrality is antithetical to democracy itself, as it gives control over content to large special interests rather than to the people. Further, net neutrality allows for innovation, the proliferation of small businesses and private-sector job creation. Thus, this is an issue that goes to our core values as Americans-that of free speech and the American economic dream. It is now incumbent on states, like New York, to restore an open and free internet. This bill is modeled after California's net neutrality bill Senate Bill 822 of 2018, which has been heralded as the most comprehensive and strongest net neutrality legislation in the nation. The bill will effec- tively codify all of the protections established by the 2015 FCC Order. By doing so this fully restores the protections all Americans have come to rely upon and ensures that they will have them into the future. If both New York and California re-establish net neutrality it would send a strong signal that the nation's largest states and economies intend to ensure that their residents are protected. The internet is no longer a luxury, but a necessity in every area of American life ranging from education to public safety. The states must act to protect its free and open access.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: This act shall take place on the sixtieth day after it shall have become law.
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A03910 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3910
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law, in relation to Internet neutral-
          ity; and to amend the state finance law, the  general  municipal  law,
          the  public  authorities  law  and  the  economic  development law, in
          relation to requiring that procurement  contracts  require  compliance
          with Internet neutrality requirements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds and declares  the
     2  following:
     3    (a)  This  act is adopted pursuant to the police power inherent in the
     4  state of New York to  protect  and  promote  the  safety,  life,  public
     5  health, public convenience, general prosperity, and well-being of socie-
     6  ty,  and  the  welfare  of  the state's population and economy, that are
     7  increasingly dependent on an open and neutral Internet.
     8    (b) Almost every sector of New York's economy, democracy, and  society
     9  is  dependent on the open and neutral Internet that supports vital func-
    10  tions regulated under the police power of the state, including, but  not
    11  limited to, each of the following:
    12    (1) police and emergency services;
    13    (2) health and safety services and infrastructure;
    14    (3) utility services and infrastructure;
    15    (4)  transportation  infrastructure and services, and the expansion of
    16  zero- and low-emission transportation options;
    17    (5) government services, voting, and democratic decision making  proc-
    18  esses;
    19    (6) education;
    20    (7) business and economic activity;
    21    (8)  environmental monitoring and protection, and achievement of state
    22  environmental goals; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03147-01-1

        A. 3910                             2
 
     1    (9) land use regulation.
     2    §  2.  The public service law is amended by adding a new article 12 to
     3  read as follows:
     4                                  ARTICLE 12
     5              PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
     6  Section 250. Definitions.
     7          251. Internet neutrality.
     8          252. Broadband Internet access evaluation.
     9          253. Infrastructure awards.
    10          254. Enforcement.
    11          255. Application.
    12    § 250. Definitions. For purposes of this article, the following  defi-
    13  nitions apply:
    14    1.  "Application-agnostic"  means  not differentiating on the basis of
    15  source, destination, Internet content, application, service, or  device,
    16  or class of Internet content, application, service, or device.
    17    2.  "Application-specific differential pricing" means charging differ-
    18  ent prices for Internet traffic to customers on the  basis  of  Internet
    19  content,  application, service, or device, or class of Internet content,
    20  application, service, or device, but does not include zero-rating.
    21    3. "Broadband Internet access  service"  means  a  mass-market  retail
    22  service by wire or radio provided to customers in New York that provides
    23  the  capability  to  transmit  data  to,  and  receive data from, all or
    24  substantially all Internet endpoints, including  any  capabilities  that
    25  are  incidental  to  and  enable  the  operation  of  the communications
    26  service, but  excluding  dial-up  Internet  access  service.  "Broadband
    27  Internet  access  service"  also  encompasses  any  service  provided to
    28  customers in New York that provides  a  functional  equivalent  of  that
    29  service or that is used to evade the protections set forth in this chap-
    30  ter.
    31    4.  "Class of Internet content, application, service, or device" means
    32  Internet content, or a group  of  Internet  applications,  services,  or
    33  devices, sharing a common characteristic, including, but not limited to,
    34  sharing  the  same  source or destination, belonging to the same type of
    35  content, application, service, or device, using the same application- or
    36  transport-layer protocol, or having similar  technical  characteristics,
    37  including,  but not limited to, the size, sequencing, or timing of pack-
    38  ets, or sensitivity to delay.
    39    5. "Content, applications, or services"  means  all  Internet  traffic
    40  transmitted to or from end users of a broadband Internet access service,
    41  including traffic that may not fit clearly into any of these categories.
    42    6.  "Edge  provider"  means any individual or entity that provides any
    43  content, application, or service over the Internet, and  any  individual
    44  or  entity that provides a device used for accessing any content, appli-
    45  cation, or service over the Internet.
    46    7. "End user" means any individual or entity  that  uses  a  broadband
    47  Internet access service.
    48    8. "Internet service provider" or "ISP" means a business that provides
    49  broadband Internet access service to an individual, corporation, govern-
    50  ment, or other customer in New York.
    51    9.  "ISP  traffic  exchange"  means  the  exchange of Internet traffic
    52  destined for, or originating from, an Internet  service  provider's  end
    53  users  between the Internet service provider's network and another indi-
    54  vidual or entity, including, but  not  limited  to,  an  edge  provider,
    55  content delivery network, or other network operator.

        A. 3910                             3
 
     1    10.  "Mass market" means a service marketed and sold on a standardized
     2  basis to residential customers,  small  businesses,  and  other  end-use
     3  customers, including, but not limited to, schools, institutions of high-
     4  er  learning,  and libraries.  The term also includes broadband Internet
     5  access  services  purchased  with support of the E-rate and Rural Health
     6  program and similar programs at the federal and state level,  regardless
     7  of  whether  they  are customized or individually negotiated, as well as
     8  any broadband Internet access service offered using  networks  supported
     9  by the Connect America Fund or similar programs at the federal and state
    10  level.
    11    11. "Network management practice" means a practice that has a primari-
    12  ly  technical  network  management  justification,  but does not include
    13  other business practices.
    14    12. "Reasonable network management practice" means a  network  manage-
    15  ment  practice  that is primarily used for, and tailored to, achieving a
    16  legitimate network management purpose, taking into account  the  partic-
    17  ular  network  architecture  and  technology  of  the broadband Internet
    18  access service, and that is as application-agnostic as possible.
    19    13. "Third-party paid  prioritization"  means  the  management  of  an
    20  Internet service provider's network to directly or indirectly favor some
    21  traffic over other traffic, including through the use of techniques such
    22  as traffic shaping, prioritization, resource reservation, or other forms
    23  of  preferential traffic management, either: (a) in exchange for consid-
    24  eration, monetary or otherwise, from a third party; or (b) to benefit an
    25  affiliated entity.
    26    14. "Zero-rating" means exempting some Internet traffic from a custom-
    27  er's data limitation.
    28    § 251. Internet neutrality. 1. It shall be unlawful  for  an  Internet
    29  service provider, insofar as the provider is engaged in providing broad-
    30  band  Internet  access service, to engage in any of the following activ-
    31  ities:
    32    (a) Blocking lawful content, applications,  services,  or  non-harmful
    33  devices, subject to reasonable network management practices.
    34    (b)  Speeding  up,  slowing  down,  altering, restricting, interfering
    35  with, or otherwise directly or indirectly favoring,  disadvantaging,  or
    36  discriminating  between  lawful Internet traffic on the basis of source,
    37  destination, Internet content, application, or  service,  or  use  of  a
    38  non-harmful  device,  or  of  class  of  Internet  content, application,
    39  service, or non-harmful device, subject to reasonable network management
    40  practices.
    41    (c) Requiring consideration from edge providers,  monetary  or  other-
    42  wise,  in  exchange  for  access  to the Internet service provider's end
    43  users, including, but not limited to, requiring consideration for either
    44  of the following:
    45    (i) transmitting Internet traffic to and  from  the  Internet  service
    46  provider's end users.
    47    (ii)  refraining  from the activities prohibited in paragraphs (a) and
    48  (b) of this subdivision.
    49    (d) Engaging in third-party paid prioritization.
    50    (e) Engaging in application-specific differential pricing or zero-rat-
    51  ing in exchange for  consideration,  monetary  or  otherwise,  by  third
    52  parties.
    53    (f)  Zero-rating  some  Internet  content,  applications, services, or
    54  devices in a category of Internet content,  applications,  services,  or
    55  devices, but not the entire category.
    56    (g) Engaging in application-specific differential pricing.

        A. 3910                             4
 
     1    (h)  Unreasonably  interfering  with,  or unreasonably disadvantaging,
     2  either an end user's ability to select, access, and use broadband Inter-
     3  net access service or lawful Internet content,  applications,  services,
     4  or  devices  of  the end user's choice, or an edge provider's ability to
     5  make  lawful content, applications, services, or devices available to an
     6  end user, subject to reasonable network management practices.
     7    (i)  Engaging  in  practices  with  respect  to,  related  to,  or  in
     8  connection with, ISP traffic exchange that have the purpose or effect of
     9  circumventing or undermining the effectiveness of this section.
    10    (j)  Engaging  in  deceptive  or  misleading  marketing practices that
    11  misrepresent the treatment of Internet traffic,  content,  applications,
    12  services, or devices by the Internet service provider, or that misrepre-
    13  sent  the  performance characteristics or commercial terms of the broad-
    14  band Internet access service to its customers.
    15    (k) Advertising, offering for  sale,  or  selling  broadband  Internet
    16  access  service  without  prominently  disclosing  with  specificity all
    17  aspects of the service advertised, offered for sale, or sold.
    18    (l) Failing to publicly disclose accurate  information  regarding  the
    19  network  management  practices, performance, and commercial terms of its
    20  broadband Internet access services  sufficient  for  consumers  to  make
    21  informed choices regarding use of those services and for content, appli-
    22  cation,  service,  and device providers to develop, market, and maintain
    23  Internet offerings.
    24    (m) Offering or  providing  services  other  than  broadband  Internet
    25  access  service that are delivered over the same last-mile connection as
    26  the broadband Internet access service, if those services satisfy any  of
    27  the following conditions:
    28    (i)  they are marketed, provide, or can be used as a functional equiv-
    29  alent of broadband Internet access service.
    30    (ii) they have the purpose or effect of circumventing  or  undermining
    31  the effectiveness of this section.
    32    (iii)  they  negatively  affect  the performance of broadband Internet
    33  access service.
    34    2. (a) An Internet service provider may offer different types of tech-
    35  nical treatment to end users as part of its  broadband  Internet  access
    36  service,  without  violating  the  provisions of subdivision one of this
    37  section, if all of the following conditions exist:
    38    (i) The different types of technical treatment are  equally  available
    39  to  all  Internet  content, applications, services, and devices, and all
    40  classes of Internet content, applications, services,  and  devices,  and
    41  the  Internet service provider does not discriminate in the provision of
    42  the different types of technical treatment  on  the  basis  of  Internet
    43  content,  application, service, or device, or class of Internet content,
    44  application, service, or device.
    45    (ii) The Internet service provider's end  users  are  able  to  choose
    46  whether,  when,  and for which Internet content, applications, services,
    47  or devices, or classes of Internet content, applications,  services,  or
    48  devices, to use each type of technical treatment.
    49    (iii)  The  Internet  service  provider charges only its own broadband
    50  Internet access service customers for the use of the different types  of
    51  technical treatment.
    52    (b)  Any Internet service provider offering different types of techni-
    53  cal treatment pursuant to this subdivision shall notify  the  commission
    54  and  provide the commission with a specimen of any service contract that
    55  it offers to customers in New York.

        A. 3910                             5
 
     1    (c) If an Internet service provider offers different types of  techni-
     2  cal treatment pursuant to this subdivision, the commission shall monitor
     3  the  quality  of the basic default service and establish minimum quality
     4  requirements if the offering of the different types of technical  treat-
     5  ment degrades the quality of the basic default service.
     6    3.  An  Internet  service  provider  may zero-rate Internet traffic in
     7  application-agnostic ways, without violating the provisions of  subdivi-
     8  sion  one  of  this section, provided that no consideration, monetary or
     9  otherwise, is provided by any third party in exchange for the provider's
    10  decision to zero-rate or to not zero-rate traffic.
    11    § 252.  Broadband  Internet  access  evaluation.  The  commission,  in
    12  consultation  with the power authority of the state of New York, the NYS
    13  Broadband Program Office and electrical corporations, shall evaluate the
    14  role broadband Internet access and tools, especially as they  relate  to
    15  private  consumers,  will  play  in  the future operation of the state's
    16  power grid. The evaluation should consider at least the following:
    17    1. the reliance  of  electrical  corporations  on  consumer  broadband
    18  services to manage energy resources;
    19    2.  the  impact  that paid prioritization, throttling, and blocking in
    20  consumer broadband Internet service would have  on  resource  management
    21  and grid reliability; and
    22    3. the future cost to the state and agencies if state agencies need to
    23  enter  into  long-term  paid  prioritization contracts if net neutrality
    24  principles are no longer in place.
    25    § 253. Infrastructure awards. 1. An award of moneys by the NYS  Broad-
    26  band  Program  Office  for  the building of infrastructure for broadband
    27  communications shall require the awardee to prevent any Internet service
    28  provider that provides broadband Internet access service utilizing  that
    29  infrastructure  from  violating  the  provisions  of section two hundred
    30  fifty-one of this article.
    31    2. An award of moneys by the NYS Broadband Program Office  for  access
    32  to  the  Internet  shall  prohibit  any  Internet  service provider that
    33  receives those moneys from  violating  the  provisions  of  section  two
    34  hundred fifty-one of this article.
    35    §  254.  Enforcement.  In  addition  to  the  authority granted to the
    36  commission pursuant to this chapter, the attorney  general  may  enforce
    37  the  provisions  of  this  article to the extent permitted under section
    38  sixty-three of the executive law.
    39    § 255. Application. Nothing in this article supersedes or  limits  any
    40  obligation, authorization, or ability of an Internet service provider to
    41  address the needs of emergency communications or law enforcement, public
    42  safety, or national security authorities.
    43    §  3. Section 219 of the public service law is amended by adding a new
    44  subdivision 4 to read as follows:
    45    4. (a) For purposes of this section, "application-agnostic," "applica-
    46  tion-specific  differential   pricing,"   "broadband   Internet   access
    47  service,"  "class of Internet content, application, service, or device,"
    48  "content, applications,  or  services,"  "edge  provider,"  "end  user,"
    49  "Internet  service  provider,"  "ISP,"  "ISP  traffic  exchange,"  "mass
    50  market," "network management practice," "reasonable  network  management
    51  practice," "third-party paid prioritization," and "zero-rating" have the
    52  same meanings as defined in section two hundred fifty of this chapter.
    53    (b) A cable operator or video service provider that has been granted a
    54  franchise,  and  any  affiliate,  insofar  as the provider is engaged in
    55  providing broadband Internet access service, shall not engage in any  of
    56  the following activities:

        A. 3910                             6
 
     1    (i)  Blocking  lawful  content, applications, services, or non-harmful
     2  devices, subject to reasonable network management practices.
     3    (ii)  Speeding  up,  slowing  down, altering, restricting, interfering
     4  with, or otherwise directly or indirectly favoring,  disadvantaging,  or
     5  discriminating  between  lawful Internet traffic on the basis of source,
     6  destination, Internet content, application, or  service,  or  use  of  a
     7  non-harmful  device,  or  of  class  of  Internet  content, application,
     8  service, or non-harmful device, subject to reasonable network management
     9  practices.
    10    (iii) Requiring consideration from edge providers, monetary or  other-
    11  wise,  in  exchange  for  access  to the Internet service provider's end
    12  users, including, but not limited to, requiring consideration for either
    13  of the following:
    14    (A) transmitting Internet traffic to and  from  the  Internet  service
    15  provider's end users; and
    16    (B) refraining from the activities prohibited in subparagraphs (i) and
    17  (ii) of this paragraph.
    18    (iv) Engaging in third-party paid prioritization.
    19    (v) Engaging in application-specific differential pricing or zero-rat-
    20  ing  in  exchange  for  consideration,  monetary  or otherwise, by third
    21  parties.
    22    (vi) Zero-rating some Internet  content,  applications,  services,  or
    23  devices  in  a  category of Internet content, applications, services, or
    24  devices, but not the entire category.
    25    (vii) Engaging in application-specific differential pricing.
    26    (viii) Unreasonably interfering with, or unreasonably  disadvantaging,
    27  either an end user's ability to select, access, and use broadband Inter-
    28  net  access  service or lawful Internet content, applications, services,
    29  or devices of the end user's choice, or an edge  provider's  ability  to
    30  make  lawful content, applications, services, or devices available to an
    31  end user, subject to reasonable network management practices.
    32    (ix) Engaging  in  practices  with  respect  to,  related  to,  or  in
    33  connection with, ISP traffic exchange that have the purpose or effect of
    34  circumventing or undermining the effectiveness of this subdivision.
    35    (x)  Engaging  in  deceptive  or  misleading  marketing practices that
    36  misrepresent the treatment of Internet traffic,  content,  applications,
    37  services, or devices by the Internet service provider, or that misrepre-
    38  sent  the  performance characteristics or commercial terms of the broad-
    39  band Internet access service to its customers.
    40    (xi) Advertising, offering for sale,  or  selling  broadband  Internet
    41  access  service  without  prominently  disclosing  with  specificity all
    42  aspects of the service advertised, offered for sale, or sold.
    43    (xii) Failing to publicly disclose accurate information regarding  the
    44  network  management  practices, performance, and commercial terms of its
    45  broadband Internet access services  sufficient  for  consumers  to  make
    46  informed choices regarding use of those services and for content, appli-
    47  cation,  service,  and device providers to develop, market, and maintain
    48  Internet offerings.
    49    (xiii) Offering or providing services other  than  broadband  Internet
    50  access services that are delivered over the same last-mile connection as
    51  the  broadband Internet access service, if those services satisfy any of
    52  the following conditions:
    53    (A) they are marketed, provide, or can be used as a functional  equiv-
    54  alent of broadband Internet access service; or
    55    (B)  they  have  the purpose or effect of circumventing or undermining
    56  the effectiveness of this section; or

        A. 3910                             7
 
     1    (C) they negatively  affect  the  performance  of  broadband  Internet
     2  access service.
     3    (c)  (i)  An  Internet  service  provider may offer different types of
     4  technical treatment to end users  as  part  of  its  broadband  Internet
     5  access  service if it meets the conditions specified in paragraph (a) of
     6  subdivision two of section two hundred fifty-one of this chapter.
     7    (ii) An Internet service provider may zero-rate  Internet  traffic  in
     8  application-agnostic  ways,  provided that no consideration, monetary or
     9  otherwise, is provided by any third party in exchange for the provider's
    10  decision to zero-rate or to not zero-rate traffic.
    11    (d) In addition to the authority granted the  commission  pursuant  to
    12  this  chapter,  the  attorney general may enforce the provisions of this
    13  article to the extent permitted under section sixty-three of the  execu-
    14  tive law.
    15    §  4. Section 119-a of the public service law, as added by chapter 703
    16  of the laws of 1978, is amended to read as follows:
    17    § 119-a. Attachments to utility poles; use of utility ducts,  trenches
    18  and  conduits.  1.  The  commission  shall prescribe just and reasonable
    19  rates, terms and conditions for attachments to utility poles and the use
    20  of utility ducts, trenches and conduits.  A  just  and  reasonable  rate
    21  shall assure the utility of the recovery of not less than the additional
    22  cost  of  providing  a  pole  attachment  or  of using a trench, duct or
    23  conduit nor more than the actual operating expenses and return on  capi-
    24  tal  of the utility attributed to that portion of the pole, duct, trench
    25  or conduit used.  With respect to cable television or  internet  service
    26  attachments  and  use,  such  portion  shall  be the percentage of total
    27  usable space on a pole or the total capacity of the duct or conduit that
    28  is occupied by the facilities of the user. Usable  space  shall  be  the
    29  space  on a utility pole above the minimum grade level which can be used
    30  for the attachment of wires and cables.
    31    2. No permission shall be granted to a cable  television  or  Internet
    32  service  provider  for  attachments on utility poles as provided in this
    33  section unless such Internet service provider is in compliance with  the
    34  provisions of section two hundred fifty-one of this chapter.
    35    §  5.  Section 165 of the state finance law is amended by adding a new
    36  subdivision 9 to read as follows:
    37    9. Internet neutrality. a. For purposes of this subdivision:
    38    (i) "broadband Internet access service," "Internet service  provider,"
    39  "network  management practice," and "reasonable network management prac-
    40  tice" shall have the same meanings as defined  in  section  two  hundred
    41  fifty of the public service law; and
    42    (ii)  "the  state"  includes  the state and any governmental agency or
    43  political subdivision or public benefit corporation of the state.
    44    b. (i) The state shall not purchase  any  fixed  or  mobile  broadband
    45  Internet  access  services  from an Internet service provider that is in
    46  violation of the provisions of section  two  hundred  fifty-one  of  the
    47  public service law.
    48    (ii) The state shall not provide funding for the purchase of any fixed
    49  or  mobile  broadband  Internet access services from an Internet service
    50  provider that is in violation of the provisions of section  two  hundred
    51  fifty-one of the public service law.
    52    c.  (i)  Every  contract  between  the  state  and an Internet service
    53  provider for broadband Internet access service shall  require  that  the
    54  service  be  rendered  consistent  with  the requirements of section two
    55  hundred fifty-one of the public service law.

        A. 3910                             8

     1    (ii) If, after execution of a contract for broadband  Internet  access
     2  service  the  state  determines  that  the Internet service provider has
     3  violated the provisions of section two hundred fifty-one of  the  public
     4  service law in providing service to the state, the state may declare the
     5  contract void from the time it was entered into and require repayment of
     6  any  payments  made  to  the  Internet  service provider pursuant to the
     7  contract. The remedies available pursuant to this section are  in  addi-
     8  tion  to  any  remedy  available pursuant to article twenty-two-A of the
     9  general business law.
    10    d. It shall not be a violation  of  this  article  for  the  state  to
    11  purchase or fund fixed or mobile broadband Internet access services in a
    12  geographical area where Internet access services are only available from
    13  a single broadband Internet access service provider.
    14    e.  An  Internet service provider that provides fixed or mobile broad-
    15  band Internet access service purchased or  funded  by  the  state  shall
    16  publicly  disclose accurate information regarding the network management
    17  practices, performance, and commercial terms of its  broadband  Internet
    18  access service that is sufficient to enable end users of those purchased
    19  or  funded services, including the state, to fully and accurately ascer-
    20  tain if the service is conducted in a  lawful  manner  pursuant  to  the
    21  provisions of section two hundred fifty-one of the public service law.
    22    §  6.  The  general  municipal  law is amended by adding a new section
    23  104-d to read as follows:
    24    § 104-d. Internet neutrality. 1. For purposes of this section, "broad-
    25  band Internet access service,"  "Internet  service  provider,"  "network
    26  management practice," and "reasonable network management practice" shall
    27  have  the  same  meanings as defined in section two hundred fifty of the
    28  public service law.
    29    2. a. A municipal corporation shall not purchase any fixed  or  mobile
    30  broadband  Internet  access  services  from an Internet service provider
    31  that is in violation of the provisions of section two hundred  fifty-one
    32  of the public service law.
    33    b.  A municipal corporation shall not provide funding for the purchase
    34  of any fixed or mobile broadband Internet access services from an Inter-
    35  net service provider that is in violation of the provisions  of  section
    36  two hundred fifty-one of the public service law.
    37    3.  a.  Every contract between a municipal corporation and an Internet
    38  service provider for broadband Internet  access  service  shall  require
    39  that the service be rendered consistent with the requirements of section
    40  two hundred fifty-one of the public service law.
    41    b.  If,  after  execution  of a contract for broadband Internet access
    42  service, a municipal corporation determines that  the  Internet  service
    43  provider has violated the provisions of section two hundred fifty-one of
    44  the  public  service  law  in  providing service to the municipal corpo-
    45  ration, the municipal corporation may declare the contract void from the
    46  time it was entered into and require repayment of any payments  made  to
    47  the  Internet  service  provider  pursuant to the contract. The remedies
    48  available pursuant to this section are in addition to any remedy  avail-
    49  able pursuant to article twenty-two-A of the general business law.
    50    4.  It shall not be a violation of this article for a municipal corpo-
    51  ration to purchase or fund fixed or  mobile  broadband  Internet  access
    52  services  in a geographical area where Internet access services are only
    53  available from a single broadband Internet access service provider.
    54    5. An Internet service provider that provides fixed or  mobile  broad-
    55  band  Internet  access service purchased or funded by a municipal corpo-
    56  ration  shall  publicly  disclose  accurate  information  regarding  the

        A. 3910                             9
 
     1  network  management  practices, performance, and commercial terms of its
     2  broadband Internet access service that is sufficient to enable end users
     3  of those purchased or funded  services,  including  a  municipal  corpo-
     4  ration, to fully and accurately ascertain if the service is conducted in
     5  a  lawful  manner  pursuant  to  the  provisions  of section two hundred
     6  fifty-one of the public service law.
     7    § 7. Subdivision 3 of section 2879 of the public  authorities  law  is
     8  amended by adding a new paragraph (n-1) to read as follows:
     9    (n-1)  Requirements  to conduct procurements in a manner that complies
    10  with the provisions of section  two  hundred  fifty-one  of  the  public
    11  service law.
    12    §  8. Section 143 of the economic development law is amended by adding
    13  a new subdivision 6 to read as follows:
    14    6. Each agency shall conduct procurements in a  manner  that  complies
    15  with  the  provisions  of  section  two  hundred fifty-one of the public
    16  service law.
    17    § 9. Severability. If any provision of this act,  or  the  application
    18  thereof  to  any person or circumstances, is held invalid or unconstitu-
    19  tional, that invalidity or unconstitutionality shall  not  affect  other
    20  provisions  or applications of this act that can be given effect without
    21  the invalid or unconstitutional provision or application,  and  to  this
    22  end the provisions of this act are severable.
    23    §  10.  This  act shall take effect on the sixtieth day after it shall
    24  have become a law.    Effective  immediately,  the  addition,  amendment
    25  and/or repeal of any rule or regulation necessary for the implementation
    26  of this act on its effective date are authorized to be made on or before
    27  such effective date.
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