S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1068
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by Sens. GALLIVAN, BAILEY, HELMING -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00855-01-9

 S. 1068                             2
 
 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.
   §  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.