S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9529
 
                           I N  A S S E M B L Y
 
                             January 19, 2018
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to providing  broad-
   band and fiber optic services
 
   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  finds  and
 declares  that  large portions of the state do not have access to broad-
 band services, particularly fiber optic service. This has made the tele-
 communications marketplace less competitive,  and  has  been  a  partial
 cause of deteriorated service for customers and users of regulated tele-
 phonic and telecommunications services. This in turn has had substantial
 negative  economic  and  social impacts, particularly in rural and other
 underserved communities.
   § 2. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  BROADBAND AND FIBER OPTIC SERVICES. 1. THE COMMISSION SHALL
 DETERMINE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,  THE
 STATUS  OF  BROADBAND  AND  FIBER  OPTIC SERVICES IN NEW YORK STATE. THE
 COMMISSION SHALL IDENTIFY COMMUNITIES WITHOUT ACCESS  TO  BROADBAND  AND
 FIBER  OPTIC  SERVICES,  COMMUNITIES  IN WHICH INSUFFICIENT TELECOMMUNI-
 CATIONS SERVICE HAS CAUSED SOCIAL OR ECONOMIC IMPACTS, COMMUNITIES WHERE
 LOCAL FRANCHISES HAVE NOT BEEN COMPLIED WITH, AND COMMUNITIES  IN  WHICH
 THE  COMMISSION  BELIEVES  SUCH  BROADBAND AND/OR FIBER OPTIC SERVICE IS
 NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF  COMMISSION  POLICIES  ON
 COMPETITION, AFFORDABLE, AND ADEQUATE SERVICE.
   2.  THE  COMMISSION  SHALL, WITHIN SIX MONTHS OF THE COMPLETION OF THE
 DETERMINATION OF BROADBAND AND FIBER OPTIC SERVICES IN  NEW  YORK  STATE
 PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, REQUIRE CONSTRUCTION OR
 INSTALLATION OF BROADBAND  AND  FIBER  OPTIC  SERVICES  BY  AN  INTERNET
 SERVICE  PROVIDER  IN  COMMUNITIES  IN  WHICH  BROADBAND AND FIBER OPTIC
 SERVICES ARE DETERMINED TO BE ABSENT, INSUFFICIENT, OR INADEQUATE, SO AS
 TO ENSURE THE AVAILABILITY OF BROADBAND AND FIBER OPTIC SERVICES TO  THE
 GREATEST NUMBER OF NEW YORK STATE RESIDENTS POSSIBLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08323-03-8

 A. 9529                             2
 
   §  3.  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 COMPANIES
                      AND INTERNET SERVICE PROVIDERS
 §  4.  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 THAT PROVIDES INDI-
 VIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT  TO
 THE INTERNET.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.