S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8882
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI --
   Multi-Sponsored by -- M. of A. McDONALD -- read once and  referred  to
   the Committee on Corporations, Authorities and Commissions
 
 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:
 
   Section  1.  The  article  heading of article 11 of the public service
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:
            PROVISIONS RELATING TO CABLE TELEVISION AND INTERNET
                             SERVICE COMPANIES
   §  2. Section 212 of the public service law is amended by adding a new
 subdivision 15 to read as follows:
   15. "INTERNET SERVICE PROVIDER" SHALL MEAN  ANY  PERSON,  BUSINESS  OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE, INCLUDING MUNICIPAL
 BROADBAND  PROVIDERS,  THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   § 3. The section heading of section 215 of the public service law,  as
 added  by  chapter 83 of the laws of 1995, is amended and a new subdivi-
 sion 14 is added to read as follows:
   Duties of the commission in respect to cable television  AND  INTERNET
 SERVICE companies.
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET  SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT INTERNET
 SERVICE PROVIDERS COMPLY WITH THE INTERNET SERVICE  NEUTRALITY  REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13982-02-7

 A. 8882                             2
 
 WHERE  A  CONTRACT  THAT  INCLUDES INTERNET CONNECTION SERVICES IS TO BE
 AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSUANT  TO
 A  COMPETITIVE  BIDDING  PROCESS OR A REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE  BIDDING  PROCESS OR REQUEST FOR PROPOSAL AND THE SUBSEQUENT
 AWARDED CONTRACT SHALL REQUIRE THAT SUCH  INTERNET  CONNECTION  SERVICES
 ARE  COMPLIANT  WITH THE INTERNET SERVICE NEUTRALITY REQUIREMENTS ESTAB-
 LISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THE PUBLIC SERVICE LAW.
   § 5. The public service law is amended by adding a new section 231  to
 read as follows:
   §  231.  INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF THIS SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS A PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK  MANAGEMENT  JUSTI-
 FICATION,  BUT  DOES  NOT  INCLUDE  OTHER  BUSINESS PRACTICES. A NETWORK
 MANAGEMENT PRACTICE IS REASONABLE  IF  IT  IS  PRIMARILY  USED  FOR  AND
 TAILORED  TO  ACHIEVING  A LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING
 INTO ACCOUNT THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY  OF  THE
 BROADBAND INTERNET ACCESS SERVICE.
   2.  THE  COMMISSION  SHALL  CERTIFY ANNUALLY THAT ANY INTERNET SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A) BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT,  APPLICATION,  OR  SERVICE,  OR  USE  OF  A NON-HARMFUL DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C) ENGAGE IN PAID PRIORITIZATION,  INCLUDING,  BUT  NOT  LIMITED  TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL  TRAFFIC  MANAGEMENT,  EITHER (I) IN EXCHANGE FOR CONSIDER-
 ATION (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT  AN
 AFFILIATED ENTITY.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8882--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by M. of A. FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI, GOTT-
   FRIED, 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, L. ROSENTHAL, STECK, ABINANTI -- Multi-Sponsored by  --
   M.  of  A.  CROUCH,  HOOPER, McDONALD -- read once and referred to the
   Committee on Corporations, Authorities 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 commit-
   tee
 
 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:
 
   Section 1. The article heading of article 11  of  the  public  service
 law,  as  added by chapter 83 of the laws of 1995, is amended to read as
 follows:
            PROVISIONS RELATING TO CABLE TELEVISION AND INTERNET
                             SERVICE COMPANIES
   § 2. Section 212 of the public service law is amended by adding a  new
 subdivision 15 to read as follows:
   15.  "INTERNET  SERVICE  PROVIDER"  SHALL MEAN ANY PERSON, BUSINESS OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE, INCLUDING MUNICIPAL
 BROADBAND PROVIDERS, THAT PROVIDES INDIVIDUALS, CORPORATIONS,  OR  OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   §  3. The section heading of section 215 of the public service law, as
 added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
 sion 14 is added to read as follows:
   Duties  of  the commission in respect to cable television AND INTERNET
 SERVICE companies.

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

                                                            LBD13982-03-8

 A. 8882--A                          2
 
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT  INTERNET
 SERVICE  PROVIDERS  COMPLY WITH THE INTERNET SERVICE NEUTRALITY REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 WHERE  A  CONTRACT  THAT  INCLUDES INTERNET CONNECTION SERVICES IS TO BE
 AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY, PUBLIC LIBRARY OR MUNICIPAL
 CORPORATION AS DEFINED IN SUBDIVISION TWO OF SECTION  SIXTY-SIX  OF  THE
 GENERAL  CONSTRUCTION LAW PURSUANT TO A COMPETITIVE BIDDING PROCESS OR A
 REQUEST FOR  PROPOSAL  PROCESS,  SUCH  COMPETITIVE  BIDDING  PROCESS  OR
 REQUEST  FOR  PROPOSAL AND THE SUBSEQUENT AWARDED CONTRACT SHALL REQUIRE
 THAT SUCH INTERNET CONNECTION SERVICES ARE COMPLIANT WITH  THE  INTERNET
 SERVICE NEUTRALITY REQUIREMENTS ESTABLISHED IN SECTION TWO HUNDRED THIR-
 TY-ONE OF THE PUBLIC SERVICE LAW.
   §  5. The public service law is amended by adding a new section 231 to
 read as follows:
   § 231. INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF  THIS  SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS  A  PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK MANAGEMENT JUSTI-
 FICATION, BUT DOES NOT  INCLUDE  OTHER  BUSINESS  PRACTICES.  A  NETWORK
 MANAGEMENT  PRACTICE  IS  REASONABLE  IF  IT  IS  PRIMARILY USED FOR AND
 TAILORED TO ACHIEVING A LEGITIMATE NETWORK  MANAGEMENT  PURPOSE,  TAKING
 INTO  ACCOUNT  THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY OF THE
 BROADBAND INTERNET ACCESS SERVICE.
   2. THE COMMISSION SHALL CERTIFY ANNUALLY  THAT  ANY  INTERNET  SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A)  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL  DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C)  ENGAGE  IN  PAID  PRIORITIZATION,  INCLUDING, BUT NOT LIMITED TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER (I) IN  EXCHANGE  FOR  CONSIDER-
 ATION  (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT AN
 AFFILIATED ENTITY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8882--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by M. of A. FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI, GOTT-
   FRIED, 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,  L. ROSENTHAL,  STECK,  ABINANTI,  RICHARDSON,  WRIGHT,
   WALLACE  -- Multi-Sponsored by -- M. of A. CROUCH, HOOPER, McDONALD --
   read once and referred to the Committee on  Corporations,  Authorities
   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
 
 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:
 
   Section  1.  The  article  heading of article 11 of the public service
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:
            PROVISIONS RELATING TO CABLE TELEVISION AND INTERNET
                             SERVICE COMPANIES
   §  2. Section 212 of the public service law is amended by adding a new
 subdivision 15 to read as follows:
   15. "INTERNET SERVICE PROVIDER" SHALL MEAN  ANY  PERSON,  BUSINESS  OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE, INCLUDING MUNICIPAL
 BROADBAND  PROVIDERS,  THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER
 ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET.
   § 3. The section heading of section 215 of the public service law,  as
 added  by  chapter 83 of the laws of 1995, is amended and a new subdivi-
 sion 14 is added to read as follows:
   Duties of the commission in respect to cable television  AND  INTERNET
 SERVICE companies.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-05-8

 A. 8882--B                          2
 
   14. DEVELOP AND MAINTAIN A STATEWIDE PLAN FOR THE MONITORING OF INTER-
 NET  SERVICE PROVIDERS, INCLUDING THE ANNUAL CERTIFICATION THAT INTERNET
 SERVICE PROVIDERS COMPLY WITH THE INTERNET SERVICE  NEUTRALITY  REQUIRE-
 MENTS ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   §  4.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. INTERNET SERVICE NEUTRALITY REQUIREMENTS IN CERTAIN PROCUREMENT
 CONTRACTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 WHERE  A CONTRACT THAT INCLUDES BROADBAND INTERNET ACCESS SERVICES IS TO
 BE AWARDED BY A STATE AGENCY AS DEFINED IN SECTION ONE HUNDRED SIXTY  OF
 THIS  CHAPTER  OR ANY STATE OR LOCAL AUTHORITY AS SUCH TERMS ARE DEFINED
 IN SECTION TWO OF  PUBLIC  AUTHORITIES  LAW,  MUNICIPAL  CORPORATION  AS
 DEFINED  IN  SECTION TWO OF THE GENERAL MUNICIPAL LAW, PUBLIC LIBRARY OR
 ASSOCIATION LIBRARY, AS SUCH TERMS ARE DEFINED IN  SECTION  TWO  HUNDRED
 FIFTY-THREE  OF  THE  EDUCATION  LAW,  THE LEGISLATURE, JUDICIARY, STATE
 UNIVERSITY OF NEW YORK, OR CITY UNIVERSITY OF NEW  YORK  PURSUANT  TO  A
 COMPETITIVE  BIDDING  PROCESS  OR  A  REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE BIDDING PROCESS OR REQUEST FOR PROPOSAL AND  THE  SUBSEQUENT
 AWARDED  CONTRACT  SHALL  REQUIRE  THAT  SUCH  BROADCAST INTERNET ACCESS
 SERVICES ARE COMPLIANT WITH THE INTERNET SERVICE NEUTRALITY REQUIREMENTS
 ESTABLISHED IN SECTION TWO HUNDRED THIRTY-ONE OF THE PUBLIC SERVICE LAW.
 PROVIDED, HOWEVER, THE ENTITY AWARDING  SUCH  CONTRACT  MAY  AWARD  SUCH
 CONTRACT  TO  ANY BROADBAND INTERNET SERVICE PROVIDER THAT IS NOT CERTI-
 FIED BY THE PUBLIC SERVICE COMMISSION PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  THIRTY-ONE OF THE PUBLIC SERVICE LAW ONLY IF SUCH
 ENTITY DEMONSTRATES TO THE PUBLIC SERVICE  COMMISSION  THAT  EITHER  (I)
 THERE  ARE  NO  OTHER  BROADBAND INTERNET SERVICE PROVIDERS AVAILABLE TO
 CONTRACT WITH, OR (II) AWARDING SUCH CONTRACT TO A  CERTIFIED  BROADBAND
 INTERNET  SERVICE PROVIDER WOULD RESULT IN A SIGNIFICANT FINANCIAL HARD-
 SHIP WHEN COMPARED TO AWARDING THE  CONTRACT  TO  A  BROADBAND  INTERNET
 SERVICE PROVIDER NOT CERTIFIED BY THE PUBLIC SERVICE COMMISSION.
   §  5. The public service law is amended by adding a new section 231 to
 read as follows:
   § 231. INTERNET SERVICE NEUTRALITY. 1. FOR PURPOSES OF  THIS  SECTION,
 "REASONABLE NETWORK MANAGEMENT" SHALL MEAN A NETWORK MANAGEMENT PRACTICE
 IS  A  PRACTICE THAT HAS A PRIMARILY TECHNICAL NETWORK MANAGEMENT JUSTI-
 FICATION, BUT DOES NOT  INCLUDE  OTHER  BUSINESS  PRACTICES.  A  NETWORK
 MANAGEMENT  PRACTICE  IS  REASONABLE  IF  IT  IS  PRIMARILY USED FOR AND
 TAILORED TO ACHIEVING A LEGITIMATE NETWORK  MANAGEMENT  PURPOSE,  TAKING
 INTO  ACCOUNT  THE PARTICULAR NETWORK ARCHITECTURE AND TECHNOLOGY OF THE
 BROADBAND INTERNET ACCESS SERVICE.
   2. THE COMMISSION SHALL CERTIFY ANNUALLY  THAT  ANY  INTERNET  SERVICE
 PROVIDER QUALIFIED TO DO BUSINESS IN THIS STATE, DOES NOT:
   (A)  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,  SERVICES,  OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (B) IMPAIR OR DEGRADE LAWFUL INTERNET TRAFFIC ON THE BASIS OF INTERNET
 CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL  DEVICE,
 SUBJECT TO REASONABLE NETWORK MANAGEMENT.
   (C)  ENGAGE  IN  PAID  PRIORITIZATION,  INCLUDING, BUT NOT LIMITED TO,
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER (I) IN  EXCHANGE  FOR  CONSIDER-
 ATION  (MONETARY OR OTHERWISE) FROM A THIRD PARTY, OR (II) TO BENEFIT AN
 AFFILIATED ENTITY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.