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A08882 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    December 22, 2017
        Introduced  by M. of A. FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI, GOTT-
          DE LA ROSA -- Multi-Sponsored by -- M. of A. CROUCH, HOOPER,  McDONALD
          --  read  once and referred to the Committee on Corporations, Authori-
          ties and Commissions -- recommitted to the Committee on  Corporations,
          Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee -- reported and referred to the Committee on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the public service law and the  state  finance  law,  in
          relation to instituting internet service neutrality

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The article heading of article 11  of  the  public  service
     2  law,  as  added by chapter 83 of the laws of 1995, is amended to read as
     3  follows:
     5                         INTERNET SERVICE PROVIDERS
     6    § 2. Section 212 of the public service law is amended  by  adding  two
     7  new subdivisions 15 and 16 to read as follows:
     8    15.  "Broadband  internet  access  service"  shall  mean a mass-market
     9  retail service that provides the capability  to  transmit  data  to  and
    10  receive data from all or substantially all internet endpoints, including
    11  any  capabilities that are incidental to and enable the operation of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8882--C                          2
     1  communications service, but shall not include  dial-up  internet  access
     2  service.
     3    16. "Broadband internet service provider" shall mean any person, busi-
     4  ness  or  organization qualified to do business in this state, including
     5  municipal broadband providers, that provides individuals,  corporations,
     6  or other entities with broadband internet access service.
     7    §  3. The section heading of section 215 of the public service law, as
     8  added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
     9  sion 14 is added to read as follows:
    10    Duties  of the commission in respect to cable television companies and
    11  broadband internet service providers.
    12    14. Develop and maintain a statewide plan for the monitoring of broad-
    13  band internet service providers, including the annual certification that
    14  broadband internet service providers comply with  the  internet  service
    15  neutrality requirements established in section two hundred thirty-one of
    16  this article.
    17    §  4.  The state finance law is amended by adding a new section 148 to
    18  read as follows:
    19    § 148. Internet service neutrality requirements in certain procurement
    20  contracts. Notwithstanding any other provision of law to  the  contrary,
    21  where  a contract that includes broadband internet access services is to
    22  be awarded by a state agency as defined in section one hundred sixty  of
    23  this  chapter  or any state or local authority as such terms are defined
    24  in section two of  public  authorities  law,  municipal  corporation  as
    25  defined  in  section two of the general municipal law, public library or
    26  association library, as such terms are defined in  section  two  hundred
    27  fifty-three  of  the  education  law,  the legislature, judiciary, state
    28  university of New York, or city university of New  York  pursuant  to  a
    29  competitive  bidding  process  or  a  request for proposal process, such
    30  competitive bidding process or request for proposal and  the  subsequent
    31  awarded  contract  shall  require  that  such  broadcast internet access
    32  services are compliant with the internet service neutrality requirements
    33  established in section two hundred thirty-one of the public service law.
    34  Provided, however, the entity awarding  such  contract  may  award  such
    35  contract  to  any broadband internet service provider that is not certi-
    36  fied by the public service commission pursuant  to  subdivision  two  of
    37  section  two  hundred  thirty-one of the public service law only if such
    38  entity demonstrates to the public service  commission  that  either  (i)
    39  there  are  no  other  broadband internet service providers available to
    40  contract with, or (ii) awarding such contract to a  certified  broadband
    41  internet  service provider would result in a significant financial hard-
    42  ship when compared to awarding the  contract  to  a  broadband  internet
    43  service provider not certified by the public service commission.
    44    §  5. The public service law is amended by adding a new section 231 to
    45  read as follows:
    46    § 231. Internet service neutrality. 1. For purposes of  this  section,
    47  "network management practice" shall mean a practice that has a primarily
    48  technical  network  management justification, but does not include other
    49  business practices. A "reasonable  network  management  practice"  shall
    50  mean  a  network  management  practice  that  is  primarily used for and
    51  tailored to achieving a legitimate network  management  purpose,  taking
    52  into  account  the particular network architecture and technology of the
    53  broadband internet access service.
    54    2. The commission shall certify annually that any  broadband  internet
    55  service provider qualified to do business in this state, does not:

        A. 8882--C                          3
     1    (a)  block  lawful  content,  applications,  services,  or non-harmful
     2  devices, subject to reasonable network management.
     3    (b) impair or degrade lawful internet traffic on the basis of internet
     4  content,  application,  or  service,  or  use  of  a non-harmful device,
     5  subject to reasonable network management.
     6    (c) engage in paid prioritization,  including,  but  not  limited  to,
     7  traffic shaping, prioritization, resource reservation, or other forms of
     8  preferential  traffic management, either (i) in exchange for any form of
     9  consideration from a third party, or (ii) to benefit an affiliated enti-
    10  ty, unless the broadband internet service provider demonstrates that the
    11  practice would provide a significant public interest benefit  and  would
    12  not harm the open nature of the internet.
    13    3.  The  commission  shall  annually  prepare  a report that lists the
    14  certification status for every broadband internet service provider qual-
    15  ified to do business in this state. Such report shall  be  published  on
    16  the  commission's  website and updated at least annually. The commission
    17  shall notify the governor, the temporary president of  the  senate,  and
    18  the  speaker  of  the assembly of the publication of such report and any
    19  updates.
    20    § 6. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
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