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A08882 Summary:

COSPNSRMorelle, Barrett, Ortiz, Magnarelli, Gottfried, Englebright, Thiele, Simon, D'Urso, Glick, Lupardo, Jaffee, Zebrowski, Santabarbara, Colton, Cahill, Jenne, Galef, Mosley, Arroyo, Seawright, Pichardo, Lifton, Titone, Brabenec, Brindisi, Dinowitz, Vanel, Stirpe, Rosenthal L, Steck, Abinanti, Richardson, Wright, Wallace, O'Donnell, Taylor, Niou, Quart, Carroll, Sepulveda, De La Rosa, Weprin, Pellegrino
MLTSPNSRCrouch, Hooper, McDonald
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.
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A08882 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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