S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5577

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 22, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to authorize and direct the department of public service to study
  and report on the current status of cable television systems operating
  and providing services to the customer premises over fiberoptic cables

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby declares  that
the  public interest is furthered by the broadest possible deployment of
consumer-available high-speed internet service at reasonable prices,  to
the largest number of New York households and businesses as is practica-
ble.  Due  to  the ubiquity of such service provided by cable television
companies, and such companies' provision of high-speed internet  to  the
home  and workplace, and the greater speeds demonstrated around the rest
of the world by systems  providing  high-speed  internet  by  fiberoptic
cable  to  the  premises, the legislature finds that it has a compelling
interest in closer oversight of the cable  television  systems,  whether
completed  or  under  construction, that provide such services and allow
the citizens of the state of New York  to  access  government  or  other
services from home or otherwise remotely.
  S  2.  Study. a. The department of public service shall, within thirty
days of the effective date of this act, undertake a study,  pursuant  to
its  duty under subdivision 11 of section 215 of the public service law,
of the current status of cable television systems operating and  provid-
ing services to the customer premises over fiberoptic cables. This study
shall include:
  (i)  the  total  number  of  franchises such companies have or operate
where service is provided  to  the  customer  premises  over  fiberoptic
cable;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06911-02-3

              

S. 5577                             2

  (ii)  the complete list of municipalities of franchises such companies
have or operate where service is provided to the customer premises  over
fiberoptic cable;
  (iii)  a demographic analysis of the racial, ethnic and income charac-
teristics of the residents of each municipality by franchise such compa-
nies have or operate where service is provided to the customer  premises
over  fiberoptic cable based on the results of the most recent decennial
census conducted by the census bureau of the United States;
  (iv) a demographic analysis of the racial, ethnic and  income  charac-
teristics  of the residents of each municipality where such companies do
not have or do not operate a franchise where service is provided to  the
customer premises over fiberoptic cable based on the results of the most
recent  decennial  census  conducted  by the census bureau of the United
States; and
  (v) a further breakdown by county, where applicable, and region of the
state of New York as defined by the empire state development corporation
of the demographic analysis of the racial, ethnic and income  character-
istics  of  the  residents  of  both  the municipalities with which such
companies have or operate a franchise where service is provided  to  the
customer  premises  over  fiberoptic  cable  and the municipalities with
which such companies do not have or do not  operate  a  franchise  where
service is provided to the customer premises over fiberoptic cable.
  b.  In  furtherance  of such study, the department shall require cable
television companies operating or constructing cable television  systems
providing  service  over  fiberoptic cables to the customer premises, to
report to the department within sixty days of the effective date of this
act the following:
  (i) the total number of franchises  such  companies  have  or  operate
where  service  is  provided  to  the  customer premises over fiberoptic
cable;
  (ii) the percentage of completion of infrastructure  construction  and
activation in each franchise such companies have or operate;
  (iii) an analysis of such companies' franchises, broken down by region
of  the state, county and municipality, as applicable, showing the aver-
age time to completion of the infrastructure buildout of each franchise,
or of the current status of a franchise buildout if it is not completed;
  (iv) an analysis of such companies' franchises, broken down by  census
tract, showing the status of buildout of such census tracts, the average
time  to  completion of the buildout in each census tract, and including
data on whether any or all of such census tracts are  distressed  census
tracts,  as  such are defined by the census bureau of the United States,
and whether and how the time to completion of the buildout in  any  such
distressed census tracts differs from the time to completion of buildout
in non-distressed census tracts; and
  (v)  an  analysis of the data provided for such report by the relevant
cable companies, which shows any disparate buildout completion speed  or
franchise area coverage by race, ethnicity or income demographics.
  c.  Within  ninety days of the effective date of this act, the depart-
ment shall report the results of the study required pursuant to subdivi-
sion a of this section to the public service commission,  the  governor,
the  temporary president of the senate, the speaker of the assembly, and
the chair of both the senate and assembly standing committees on  corpo-
rations, authorities and commissions.
  d.  Within  one hundred twenty days of the effective date of this act,
the public service commission shall open a proceeding  to  inquire  into
the  progress  of  such  cable television systems as are being built, or

S. 5577                             3

have been built since 1996, which provide  cable  television  and  other
services to the customer premises over fiberoptic cable. Such proceeding
shall  inquire  into  such  factors  the  commission finds necessary and
prudent,  including,  but  not limited to, whether, despite its economic
feasibility, the construction or operation of a  franchised  or  certif-
icated  cable  television system providing service over fiberoptic cable
to the customer premises has been  unreasonably  delayed,  or  that  the
extension  of  service to any persons or areas within the territory of a
cable television company providing service over fiberoptic cable to  the
customer premises has been unreasonably withheld, and whether a remedial
order  pursuant  to  the  commission's  powers  under section 224 of the
public service law might be required by the public interest.
  S 3. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such judgement
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgement shall have been rendered.
  S 4. This act shall take effect immediately.