S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1305
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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.
   §  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.
                                                            LBD00751-01-7
              

 S. 1305                             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. 1305                             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.
   § 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.
   § 4. This act shall take effect immediately.