S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2263
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, BAILEY, BRESLIN, COMRIE, KENNEDY, KRUEGER,
   MAYER, PERSAUD, SEPULVEDA, SERRANO -- read twice and ordered  printed,
   and  when printed to be committed to the Committee on Energy and Tele-
   communications
 
 AN ACT to amend the public service law, in relation to Internet neutral-
   ity; and to amend the state finance law, the  general  municipal  law,
   the  public  authorities  law  and  the  economic  development law, in
   relation to requiring that procurement  contracts  require  compliance
   with Internet neutrality requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares  the
 following:
   (a)  This  act is adopted pursuant to the police power inherent in the
 state of New York to  protect  and  promote  the  safety,  life,  public
 health, public convenience, general prosperity, and well-being of socie-
 ty,  and  the  welfare  of  the state's population and economy, that are
 increasingly dependent on an open and neutral Internet.
   (b) Almost every sector of New York's economy, democracy, and  society
 is  dependent on the open and neutral Internet that supports vital func-
 tions regulated under the police power of the state, including, but  not
 limited to, each of the following:
   (1) police and emergency services;
   (2) health and safety services and infrastructure;
   (3) utility services and infrastructure;
   (4)  transportation  infrastructure and services, and the expansion of
 zero- and low-emission transportation options;
   (5) government services, voting, and democratic decision making  proc-
 esses;
   (6) education;
   (7) business and economic activity;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02819-01-9

 S. 2263                             2
 
   (8)  environmental monitoring and protection, and achievement of state
 environmental goals; and
   (9) land use regulation.
   §  2.  The public service law is amended by adding a new article 12 to
 read as follows:
                                 ARTICLE 12
             PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
 SECTION 250. DEFINITIONS.
         251. INTERNET NEUTRALITY.
         252. BROADBAND INTERNET ACCESS EVALUATION.
         253. INFRASTRUCTURE AWARDS.
         254. ENFORCEMENT.
         255. APPLICATION.
   § 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  DEFI-
 NITIONS APPLY:
   1.  "APPLICATION-AGNOSTIC"  MEANS  NOT DIFFERENTIATING ON THE BASIS OF
 SOURCE, DESTINATION, INTERNET CONTENT, APPLICATION, SERVICE, OR  DEVICE,
 OR CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE.
   2.  "APPLICATION-SPECIFIC DIFFERENTIAL PRICING" MEANS CHARGING DIFFER-
 ENT PRICES FOR INTERNET TRAFFIC TO CUSTOMERS ON THE  BASIS  OF  INTERNET
 CONTENT,  APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET CONTENT,
 APPLICATION, SERVICE, OR DEVICE, BUT DOES NOT INCLUDE ZERO-RATING.
   3. "BROADBAND INTERNET ACCESS  SERVICE"  MEANS  A  MASS-MARKET  RETAIL
 SERVICE BY WIRE OR RADIO PROVIDED TO CUSTOMERS IN NEW YORK THAT PROVIDES
 THE  CAPABILITY  TO  TRANSMIT  DATA  TO,  AND  RECEIVE DATA FROM, ALL OR
 SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING  ANY  CAPABILITIES  THAT
 ARE  INCIDENTAL  TO  AND  ENABLE  THE  OPERATION  OF  THE COMMUNICATIONS
 SERVICE, BUT  EXCLUDING  DIAL-UP  INTERNET  ACCESS  SERVICE.  "BROADBAND
 INTERNET  ACCESS  SERVICE"  ALSO  ENCOMPASSES  ANY  SERVICE  PROVIDED TO
 CUSTOMERS IN NEW YORK THAT PROVIDES  A  FUNCTIONAL  EQUIVALENT  OF  THAT
 SERVICE OR THAT IS USED TO EVADE THE PROTECTIONS SET FORTH IN THIS CHAP-
 TER.
   4.  "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE" MEANS
 INTERNET CONTENT, OR A GROUP  OF  INTERNET  APPLICATIONS,  SERVICES,  OR
 DEVICES, SHARING A COMMON CHARACTERISTIC, INCLUDING, BUT NOT LIMITED TO,
 SHARING  THE  SAME  SOURCE OR DESTINATION, BELONGING TO THE SAME TYPE OF
 CONTENT, APPLICATION, SERVICE, OR DEVICE, USING THE SAME APPLICATION- OR
 TRANSPORT-LAYER PROTOCOL, OR HAVING SIMILAR  TECHNICAL  CHARACTERISTICS,
 INCLUDING,  BUT NOT LIMITED TO, THE SIZE, SEQUENCING, OR TIMING OF PACK-
 ETS, OR SENSITIVITY TO DELAY.
   5. "CONTENT, APPLICATIONS, OR SERVICES"  MEANS  ALL  INTERNET  TRAFFIC
 TRANSMITTED TO OR FROM END USERS OF A BROADBAND INTERNET ACCESS SERVICE,
 INCLUDING TRAFFIC THAT MAY NOT FIT CLEARLY INTO ANY OF THESE CATEGORIES.
   6.  "EDGE  PROVIDER"  MEANS ANY INDIVIDUAL OR ENTITY THAT PROVIDES ANY
 CONTENT, APPLICATION, OR SERVICE OVER THE INTERNET, AND  ANY  INDIVIDUAL
 OR  ENTITY THAT PROVIDES A DEVICE USED FOR ACCESSING ANY CONTENT, APPLI-
 CATION, OR SERVICE OVER THE INTERNET.
   7. "END USER" MEANS ANY INDIVIDUAL OR ENTITY  THAT  USES  A  BROADBAND
 INTERNET ACCESS SERVICE.
   8. "INTERNET SERVICE PROVIDER" OR "ISP" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE TO AN INDIVIDUAL, CORPORATION, GOVERN-
 MENT, OR OTHER CUSTOMER IN NEW YORK.
   9.  "ISP  TRAFFIC  EXCHANGE"  MEANS  THE  EXCHANGE OF INTERNET TRAFFIC
 DESTINED FOR, OR ORIGINATING FROM, AN INTERNET  SERVICE  PROVIDER'S  END
 USERS  BETWEEN THE INTERNET SERVICE PROVIDER'S NETWORK AND ANOTHER INDI-

 S. 2263                             3
 
 VIDUAL OR ENTITY, INCLUDING, BUT  NOT  LIMITED  TO,  AN  EDGE  PROVIDER,
 CONTENT DELIVERY NETWORK, OR OTHER NETWORK OPERATOR.
   10.  "MASS MARKET" MEANS A SERVICE MARKETED AND SOLD ON A STANDARDIZED
 BASIS TO RESIDENTIAL CUSTOMERS,  SMALL  BUSINESSES,  AND  OTHER  END-USE
 CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, SCHOOLS, INSTITUTIONS OF HIGH-
 ER  LEARNING,  AND LIBRARIES.  THE TERM ALSO INCLUDES BROADBAND INTERNET
 ACCESS SERVICES PURCHASED WITH SUPPORT OF THE E-RATE  AND  RURAL  HEALTH
 PROGRAM  AND SIMILAR PROGRAMS AT THE FEDERAL AND STATE LEVEL, REGARDLESS
 OF WHETHER THEY ARE CUSTOMIZED OR INDIVIDUALLY NEGOTIATED,  AS  WELL  AS
 ANY  BROADBAND  INTERNET ACCESS SERVICE OFFERED USING NETWORKS SUPPORTED
 BY THE CONNECT AMERICA FUND OR SIMILAR PROGRAMS AT THE FEDERAL AND STATE
 LEVEL.
   11. "NETWORK MANAGEMENT PRACTICE" MEANS A PRACTICE THAT HAS A PRIMARI-
 LY TECHNICAL NETWORK MANAGEMENT  JUSTIFICATION,  BUT  DOES  NOT  INCLUDE
 OTHER BUSINESS PRACTICES.
   12.  "REASONABLE  NETWORK MANAGEMENT PRACTICE" MEANS A NETWORK MANAGE-
 MENT PRACTICE THAT IS PRIMARILY USED FOR, AND TAILORED TO,  ACHIEVING  A
 LEGITIMATE  NETWORK  MANAGEMENT PURPOSE, TAKING INTO ACCOUNT THE PARTIC-
 ULAR NETWORK ARCHITECTURE  AND  TECHNOLOGY  OF  THE  BROADBAND  INTERNET
 ACCESS SERVICE, AND THAT IS AS APPLICATION-AGNOSTIC AS POSSIBLE.
   13.  "THIRD-PARTY  PAID  PRIORITIZATION"  MEANS  THE  MANAGEMENT OF AN
 INTERNET SERVICE PROVIDER'S NETWORK TO DIRECTLY OR INDIRECTLY FAVOR SOME
 TRAFFIC OVER OTHER TRAFFIC, INCLUDING THROUGH THE USE OF TECHNIQUES SUCH
 AS TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS
 OF PREFERENTIAL TRAFFIC MANAGEMENT, EITHER: (A) IN EXCHANGE FOR  CONSID-
 ERATION, MONETARY OR OTHERWISE, FROM A THIRD PARTY; OR (B) TO BENEFIT AN
 AFFILIATED ENTITY.
   14. "ZERO-RATING" MEANS EXEMPTING SOME INTERNET TRAFFIC FROM A CUSTOM-
 ER'S DATA LIMITATION.
   §  251.  INTERNET  NEUTRALITY. 1. IT SHALL BE UNLAWFUL FOR AN INTERNET
 SERVICE PROVIDER, INSOFAR AS THE PROVIDER IS ENGAGED IN PROVIDING BROAD-
 BAND INTERNET ACCESS SERVICE, TO ENGAGE IN ANY OF THE  FOLLOWING  ACTIV-
 ITIES:
   (A)  BLOCKING  LAWFUL  CONTENT, APPLICATIONS, SERVICES, OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (B) SPEEDING UP,  SLOWING  DOWN,  ALTERING,  RESTRICTING,  INTERFERING
 WITH,  OR  OTHERWISE DIRECTLY OR INDIRECTLY FAVORING, DISADVANTAGING, OR
 DISCRIMINATING BETWEEN LAWFUL INTERNET TRAFFIC ON THE BASIS  OF  SOURCE,
 DESTINATION,  INTERNET  CONTENT,  APPLICATION,  OR  SERVICE, OR USE OF A
 NON-HARMFUL DEVICE,  OR  OF  CLASS  OF  INTERNET  CONTENT,  APPLICATION,
 SERVICE, OR NON-HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT
 PRACTICES.
   (C)  REQUIRING  CONSIDERATION  FROM EDGE PROVIDERS, MONETARY OR OTHER-
 WISE, IN EXCHANGE FOR ACCESS TO  THE  INTERNET  SERVICE  PROVIDER'S  END
 USERS, INCLUDING, BUT NOT LIMITED TO, REQUIRING CONSIDERATION FOR EITHER
 OF THE FOLLOWING:
   (I)  TRANSMITTING  INTERNET  TRAFFIC  TO AND FROM THE INTERNET SERVICE
 PROVIDER'S END USERS.
   (II) REFRAINING FROM THE ACTIVITIES PROHIBITED IN PARAGRAPHS  (A)  AND
 (B) OF THIS SUBDIVISION.
   (D) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
   (E) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
 ING  IN  EXCHANGE  FOR  CONSIDERATION,  MONETARY  OR OTHERWISE, BY THIRD
 PARTIES.

 S. 2263                             4
 
   (F) ZERO-RATING SOME  INTERNET  CONTENT,  APPLICATIONS,  SERVICES,  OR
 DEVICES  IN  A  CATEGORY OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
 DEVICES, BUT NOT THE ENTIRE CATEGORY.
   (G) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
   (H)  UNREASONABLY  INTERFERING  WITH,  OR UNREASONABLY DISADVANTAGING,
 EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
 NET ACCESS SERVICE OR LAWFUL INTERNET CONTENT,  APPLICATIONS,  SERVICES,
 OR  DEVICES  OF  THE END USER'S CHOICE, OR AN EDGE PROVIDER'S ABILITY TO
 MAKE LAWFUL CONTENT, APPLICATIONS, SERVICES, OR DEVICES AVAILABLE TO  AN
 END USER, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (I)  ENGAGING  IN  PRACTICES  WITH  RESPECT  TO,  RELATED  TO,  OR  IN
 CONNECTION WITH, ISP TRAFFIC EXCHANGE THAT HAVE THE PURPOSE OR EFFECT OF
 CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SECTION.
   (J) ENGAGING IN  DECEPTIVE  OR  MISLEADING  MARKETING  PRACTICES  THAT
 MISREPRESENT  THE  TREATMENT OF INTERNET TRAFFIC, CONTENT, APPLICATIONS,
 SERVICES, OR DEVICES BY THE INTERNET SERVICE PROVIDER, OR THAT MISREPRE-
 SENT THE PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF  THE  BROAD-
 BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
   (K)  ADVERTISING,  OFFERING  FOR  SALE,  OR SELLING BROADBAND INTERNET
 ACCESS SERVICE  WITHOUT  PROMINENTLY  DISCLOSING  WITH  SPECIFICITY  ALL
 ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE, OR SOLD.
   (L)  FAILING  TO  PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND  INTERNET  ACCESS  SERVICES  SUFFICIENT  FOR CONSUMERS TO MAKE
 INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
 CATION, SERVICE, AND DEVICE PROVIDERS TO DEVELOP, MARKET,  AND  MAINTAIN
 INTERNET OFFERINGS.
   (M)  OFFERING  OR  PROVIDING  SERVICES  OTHER  THAN BROADBAND INTERNET
 ACCESS SERVICE THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION  AS
 THE  BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY OF
 THE FOLLOWING CONDITIONS:
   (I) THEY ARE MARKETED, PROVIDE, OR CAN BE USED AS A FUNCTIONAL  EQUIV-
 ALENT OF BROADBAND INTERNET ACCESS SERVICE.
   (II)  THEY  HAVE THE PURPOSE OR EFFECT OF CIRCUMVENTING OR UNDERMINING
 THE EFFECTIVENESS OF THIS SECTION.
   (III) THEY NEGATIVELY AFFECT THE  PERFORMANCE  OF  BROADBAND  INTERNET
 ACCESS SERVICE.
   2. (A) AN INTERNET SERVICE PROVIDER MAY OFFER DIFFERENT TYPES OF TECH-
 NICAL  TREATMENT  TO  END USERS AS PART OF ITS BROADBAND INTERNET ACCESS
 SERVICE, WITHOUT VIOLATING THE PROVISIONS OF  SUBDIVISION  ONE  OF  THIS
 SECTION, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
   (I)  THE  DIFFERENT TYPES OF TECHNICAL TREATMENT ARE EQUALLY AVAILABLE
 TO ALL INTERNET CONTENT, APPLICATIONS, SERVICES, AND  DEVICES,  AND  ALL
 CLASSES  OF  INTERNET  CONTENT, APPLICATIONS, SERVICES, AND DEVICES, AND
 THE INTERNET SERVICE PROVIDER DOES NOT DISCRIMINATE IN THE PROVISION  OF
 THE  DIFFERENT  TYPES  OF  TECHNICAL  TREATMENT ON THE BASIS OF INTERNET
 CONTENT, APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET  CONTENT,
 APPLICATION, SERVICE, OR DEVICE.
   (II)  THE  INTERNET  SERVICE  PROVIDER'S  END USERS ARE ABLE TO CHOOSE
 WHETHER, WHEN, AND FOR WHICH INTERNET CONTENT,  APPLICATIONS,  SERVICES,
 OR  DEVICES,  OR CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
 DEVICES, TO USE EACH TYPE OF TECHNICAL TREATMENT.
   (III) THE INTERNET SERVICE PROVIDER CHARGES  ONLY  ITS  OWN  BROADBAND
 INTERNET  ACCESS SERVICE CUSTOMERS FOR THE USE OF THE DIFFERENT TYPES OF
 TECHNICAL TREATMENT.

 S. 2263                             5
 
   (B) ANY INTERNET SERVICE PROVIDER OFFERING DIFFERENT TYPES OF  TECHNI-
 CAL  TREATMENT  PURSUANT TO THIS SUBDIVISION SHALL NOTIFY THE COMMISSION
 AND PROVIDE THE COMMISSION WITH A SPECIMEN OF ANY SERVICE CONTRACT  THAT
 IT OFFERS TO CUSTOMERS IN NEW YORK.
   (C)  IF AN INTERNET SERVICE PROVIDER OFFERS DIFFERENT TYPES OF TECHNI-
 CAL TREATMENT PURSUANT TO THIS SUBDIVISION, THE COMMISSION SHALL MONITOR
 THE QUALITY OF THE BASIC DEFAULT SERVICE AND ESTABLISH  MINIMUM  QUALITY
 REQUIREMENTS  IF THE OFFERING OF THE DIFFERENT TYPES OF TECHNICAL TREAT-
 MENT DEGRADES THE QUALITY OF THE BASIC DEFAULT SERVICE.
   3. AN INTERNET SERVICE PROVIDER  MAY  ZERO-RATE  INTERNET  TRAFFIC  IN
 APPLICATION-AGNOSTIC  WAYS, WITHOUT VIOLATING THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION, PROVIDED THAT NO  CONSIDERATION,  MONETARY  OR
 OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
 DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
   §  252.  BROADBAND  INTERNET  ACCESS  EVALUATION.  THE  COMMISSION, IN
 CONSULTATION WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK, THE  NYS
 BROADBAND PROGRAM OFFICE AND ELECTRICAL CORPORATIONS, SHALL EVALUATE THE
 ROLE  BROADBAND  INTERNET ACCESS AND TOOLS, ESPECIALLY AS THEY RELATE TO
 PRIVATE CONSUMERS, WILL PLAY IN THE  FUTURE  OPERATION  OF  THE  STATE'S
 POWER GRID. THE EVALUATION SHOULD CONSIDER AT LEAST THE FOLLOWING:
   1.  THE  RELIANCE  OF  ELECTRICAL  CORPORATIONS  ON CONSUMER BROADBAND
 SERVICES TO MANAGE ENERGY RESOURCES;
   2. THE IMPACT THAT PAID PRIORITIZATION, THROTTLING,  AND  BLOCKING  IN
 CONSUMER  BROADBAND  INTERNET  SERVICE WOULD HAVE ON RESOURCE MANAGEMENT
 AND GRID RELIABILITY; AND
   3. THE FUTURE COST TO THE STATE AND AGENCIES IF STATE AGENCIES NEED TO
 ENTER INTO LONG-TERM PAID PRIORITIZATION  CONTRACTS  IF  NET  NEUTRALITY
 PRINCIPLES ARE NO LONGER IN PLACE.
   §  253. INFRASTRUCTURE AWARDS. 1. AN AWARD OF MONEYS BY THE NYS BROAD-
 BAND PROGRAM OFFICE FOR THE BUILDING  OF  INFRASTRUCTURE  FOR  BROADBAND
 COMMUNICATIONS SHALL REQUIRE THE AWARDEE TO PREVENT ANY INTERNET SERVICE
 PROVIDER  THAT PROVIDES BROADBAND INTERNET ACCESS SERVICE UTILIZING THAT
 INFRASTRUCTURE FROM VIOLATING THE  PROVISIONS  OF  SECTION  TWO  HUNDRED
 FIFTY-ONE OF THIS ARTICLE.
   2.  AN  AWARD OF MONEYS BY THE NYS BROADBAND PROGRAM OFFICE FOR ACCESS
 TO THE INTERNET  SHALL  PROHIBIT  ANY  INTERNET  SERVICE  PROVIDER  THAT
 RECEIVES  THOSE  MONEYS  FROM  VIOLATING  THE  PROVISIONS OF SECTION TWO
 HUNDRED FIFTY-ONE OF THIS ARTICLE.
   § 254. ENFORCEMENT. IN  ADDITION  TO  THE  AUTHORITY  GRANTED  TO  THE
 COMMISSION  PURSUANT  TO  THIS CHAPTER, THE ATTORNEY GENERAL MAY ENFORCE
 THE PROVISIONS OF THIS ARTICLE TO THE  EXTENT  PERMITTED  UNDER  SECTION
 SIXTY-THREE OF THE EXECUTIVE LAW.
   §  255.  APPLICATION. NOTHING IN THIS ARTICLE SUPERSEDES OR LIMITS ANY
 OBLIGATION, AUTHORIZATION, OR ABILITY OF AN INTERNET SERVICE PROVIDER TO
 ADDRESS THE NEEDS OF EMERGENCY COMMUNICATIONS OR LAW ENFORCEMENT, PUBLIC
 SAFETY, OR NATIONAL SECURITY AUTHORITIES.
   § 3. Section 219 of the public service law is amended by adding a  new
 subdivision 4 to read as follows:
   4. (A) FOR PURPOSES OF THIS SECTION, "APPLICATION-AGNOSTIC," "APPLICA-
 TION-SPECIFIC   DIFFERENTIAL   PRICING,"   "BROADBAND   INTERNET  ACCESS
 SERVICE," "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR  DEVICE,"
 "CONTENT,  APPLICATIONS,  OR  SERVICES,"  "EDGE  PROVIDER,"  "END USER,"
 "INTERNET  SERVICE  PROVIDER,"  "ISP,"  "ISP  TRAFFIC  EXCHANGE,"  "MASS
 MARKET,"  "NETWORK  MANAGEMENT PRACTICE," "REASONABLE NETWORK MANAGEMENT
 PRACTICE," "THIRD-PARTY PAID PRIORITIZATION," AND "ZERO-RATING" HAVE THE
 SAME MEANINGS AS DEFINED IN SECTION TWO HUNDRED FIFTY OF THIS CHAPTER.

 S. 2263                             6
 
   (B) A CABLE OPERATOR OR VIDEO SERVICE PROVIDER THAT HAS BEEN GRANTED A
 FRANCHISE, AND ANY AFFILIATE, INSOFAR AS  THE  PROVIDER  IS  ENGAGED  IN
 PROVIDING  BROADBAND INTERNET ACCESS SERVICE, SHALL NOT ENGAGE IN ANY OF
 THE FOLLOWING ACTIVITIES:
   (I)  BLOCKING  LAWFUL  CONTENT, APPLICATIONS, SERVICES, OR NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (II) SPEEDING UP, SLOWING  DOWN,  ALTERING,  RESTRICTING,  INTERFERING
 WITH,  OR  OTHERWISE DIRECTLY OR INDIRECTLY FAVORING, DISADVANTAGING, OR
 DISCRIMINATING BETWEEN LAWFUL INTERNET TRAFFIC ON THE BASIS  OF  SOURCE,
 DESTINATION,  INTERNET  CONTENT,  APPLICATION,  OR  SERVICE, OR USE OF A
 NON-HARMFUL DEVICE,  OR  OF  CLASS  OF  INTERNET  CONTENT,  APPLICATION,
 SERVICE, OR NON-HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT
 PRACTICES.
   (III)  REQUIRING CONSIDERATION FROM EDGE PROVIDERS, MONETARY OR OTHER-
 WISE, IN EXCHANGE FOR ACCESS TO  THE  INTERNET  SERVICE  PROVIDER'S  END
 USERS, INCLUDING, BUT NOT LIMITED TO, REQUIRING CONSIDERATION FOR EITHER
 OF THE FOLLOWING:
   (A)  TRANSMITTING  INTERNET  TRAFFIC  TO AND FROM THE INTERNET SERVICE
 PROVIDER'S END USERS; AND
   (B) REFRAINING FROM THE ACTIVITIES PROHIBITED IN SUBPARAGRAPHS (I) AND
 (II) OF THIS PARAGRAPH.
   (IV) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
   (V) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
 ING IN EXCHANGE FOR  CONSIDERATION,  MONETARY  OR  OTHERWISE,  BY  THIRD
 PARTIES.
   (VI)  ZERO-RATING  SOME  INTERNET  CONTENT, APPLICATIONS, SERVICES, OR
 DEVICES IN A CATEGORY OF INTERNET CONTENT,  APPLICATIONS,  SERVICES,  OR
 DEVICES, BUT NOT THE ENTIRE CATEGORY.
   (VII) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
   (VIII)  UNREASONABLY INTERFERING WITH, OR UNREASONABLY DISADVANTAGING,
 EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
 NET ACCESS SERVICE OR LAWFUL INTERNET CONTENT,  APPLICATIONS,  SERVICES,
 OR  DEVICES  OF  THE END USER'S CHOICE, OR AN EDGE PROVIDER'S ABILITY TO
 MAKE LAWFUL CONTENT, APPLICATIONS, SERVICES, OR DEVICES AVAILABLE TO  AN
 END USER, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (IX)  ENGAGING  IN  PRACTICES  WITH  RESPECT  TO,  RELATED  TO,  OR IN
 CONNECTION WITH, ISP TRAFFIC EXCHANGE THAT HAVE THE PURPOSE OR EFFECT OF
 CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SUBDIVISION.
   (X) ENGAGING IN  DECEPTIVE  OR  MISLEADING  MARKETING  PRACTICES  THAT
 MISREPRESENT  THE  TREATMENT OF INTERNET TRAFFIC, CONTENT, APPLICATIONS,
 SERVICES, OR DEVICES BY THE INTERNET SERVICE PROVIDER, OR THAT MISREPRE-
 SENT THE PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF  THE  BROAD-
 BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
   (XI)  ADVERTISING,  OFFERING  FOR  SALE, OR SELLING BROADBAND INTERNET
 ACCESS SERVICE  WITHOUT  PROMINENTLY  DISCLOSING  WITH  SPECIFICITY  ALL
 ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE, OR SOLD.
   (XII)  FAILING TO PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND  INTERNET  ACCESS  SERVICES  SUFFICIENT  FOR CONSUMERS TO MAKE
 INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
 CATION, SERVICE, AND DEVICE PROVIDERS TO DEVELOP, MARKET,  AND  MAINTAIN
 INTERNET OFFERINGS.
   (XIII)  OFFERING  OR  PROVIDING SERVICES OTHER THAN BROADBAND INTERNET
 ACCESS SERVICES THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION AS
 THE BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY  OF
 THE FOLLOWING CONDITIONS:

 S. 2263                             7

   (A)  THEY ARE MARKETED, PROVIDE, OR CAN BE USED AS A FUNCTIONAL EQUIV-
 ALENT OF BROADBAND INTERNET ACCESS SERVICE; OR
   (B)  THEY  HAVE  THE PURPOSE OR EFFECT OF CIRCUMVENTING OR UNDERMINING
 THE EFFECTIVENESS OF THIS SECTION; OR
   (C) THEY NEGATIVELY  AFFECT  THE  PERFORMANCE  OF  BROADBAND  INTERNET
 ACCESS SERVICE.
   (C)  (I)  AN  INTERNET  SERVICE  PROVIDER MAY OFFER DIFFERENT TYPES OF
 TECHNICAL TREATMENT TO END USERS  AS  PART  OF  ITS  BROADBAND  INTERNET
 ACCESS  SERVICE IF IT MEETS THE CONDITIONS SPECIFIED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-ONE OF THIS CHAPTER.
   (II) AN INTERNET SERVICE PROVIDER MAY ZERO-RATE  INTERNET  TRAFFIC  IN
 APPLICATION-AGNOSTIC  WAYS,  PROVIDED THAT NO CONSIDERATION, MONETARY OR
 OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
 DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
   (D) IN ADDITION TO THE AUTHORITY GRANTED THE  COMMISSION  PURSUANT  TO
 THIS  CHAPTER,  THE  ATTORNEY GENERAL MAY ENFORCE THE PROVISIONS OF THIS
 ARTICLE TO THE EXTENT PERMITTED UNDER SECTION SIXTY-THREE OF THE  EXECU-
 TIVE LAW.
   §  4. Section 119-a of the public service law, as added by chapter 703
 of the laws of 1978, is amended to read as follows:
   § 119-a. Attachments to utility poles; use of utility ducts,  trenches
 and  conduits.  1.  The  commission  shall prescribe just and reasonable
 rates, terms and conditions for attachments to utility poles and the use
 of utility ducts, trenches and conduits.  A  just  and  reasonable  rate
 shall assure the utility of the recovery of not less than the additional
 cost  of  providing  a  pole  attachment  or  of using a trench, duct or
 conduit nor more than the actual operating expenses and return on  capi-
 tal  of the utility attributed to that portion of the pole, duct, trench
 or conduit used.  With respect to cable television OR  INTERNET  SERVICE
 attachments  and  use,  such  portion  shall  be the percentage of total
 usable space on a pole or the total capacity of the duct or conduit that
 is occupied by the facilities of the user. Usable  space  shall  be  the
 space  on a utility pole above the minimum grade level which can be used
 for the attachment of wires and cables.
   2. NO PERMISSION SHALL BE GRANTED TO A CABLE  TELEVISION  OR  INTERNET
 SERVICE  PROVIDER  FOR  ATTACHMENTS ON UTILITY POLES AS PROVIDED IN THIS
 SECTION UNLESS SUCH INTERNET SERVICE PROVIDER IS IN COMPLIANCE WITH  THE
 PROVISIONS OF SECTION TWO HUNDRED FIFTY-ONE OF THIS CHAPTER.
   §  5.  Section 165 of the state finance law is amended by adding a new
 subdivision 9 to read as follows:
   9. INTERNET NEUTRALITY. A. FOR PURPOSES OF THIS SUBDIVISION:
   (I) "BROADBAND INTERNET ACCESS SERVICE," "INTERNET SERVICE  PROVIDER,"
 "NETWORK  MANAGEMENT PRACTICE," AND "REASONABLE NETWORK MANAGEMENT PRAC-
 TICE" SHALL HAVE THE SAME MEANINGS AS DEFINED  IN  SECTION  TWO  HUNDRED
 FIFTY OF THE PUBLIC SERVICE LAW; AND
   (II)  "THE  STATE"  INCLUDES  THE STATE AND ANY GOVERNMENTAL AGENCY OR
 POLITICAL SUBDIVISION OR PUBLIC BENEFIT CORPORATION OF THE STATE.
   B. (I) THE STATE SHALL NOT PURCHASE  ANY  FIXED  OR  MOBILE  BROADBAND
 INTERNET  ACCESS  SERVICES  FROM AN INTERNET SERVICE PROVIDER THAT IS IN
 VIOLATION OF THE PROVISIONS OF SECTION  TWO  HUNDRED  FIFTY-ONE  OF  THE
 PUBLIC SERVICE LAW.
   (II) THE STATE SHALL NOT PROVIDE FUNDING FOR THE PURCHASE OF ANY FIXED
 OR  MOBILE  BROADBAND  INTERNET ACCESS SERVICES FROM AN INTERNET SERVICE
 PROVIDER THAT IS IN VIOLATION OF THE PROVISIONS OF SECTION  TWO  HUNDRED
 FIFTY-ONE OF THE PUBLIC SERVICE LAW.

 S. 2263                             8
 
   C.  (I)  EVERY  CONTRACT  BETWEEN  THE  STATE  AND AN INTERNET SERVICE
 PROVIDER FOR BROADBAND INTERNET ACCESS SERVICE SHALL  REQUIRE  THAT  THE
 SERVICE  BE  RENDERED  CONSISTENT  WITH  THE REQUIREMENTS OF SECTION TWO
 HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE LAW.
   (II)  IF,  AFTER EXECUTION OF A CONTRACT FOR BROADBAND INTERNET ACCESS
 SERVICE THE STATE DETERMINES THAT  THE  INTERNET  SERVICE  PROVIDER  HAS
 VIOLATED  THE  PROVISIONS OF SECTION TWO HUNDRED FIFTY-ONE OF THE PUBLIC
 SERVICE LAW IN PROVIDING SERVICE TO THE STATE, THE STATE MAY DECLARE THE
 CONTRACT VOID FROM THE TIME IT WAS ENTERED INTO AND REQUIRE REPAYMENT OF
 ANY PAYMENTS MADE TO THE  INTERNET  SERVICE  PROVIDER  PURSUANT  TO  THE
 CONTRACT.  THE  REMEDIES AVAILABLE PURSUANT TO THIS SECTION ARE IN ADDI-
 TION TO ANY REMEDY AVAILABLE PURSUANT TO  ARTICLE  TWENTY-TWO-A  OF  THE
 GENERAL BUSINESS LAW.
   D.  IT  SHALL  NOT  BE  A  VIOLATION  OF THIS ARTICLE FOR THE STATE TO
 PURCHASE OR FUND FIXED OR MOBILE BROADBAND INTERNET ACCESS SERVICES IN A
 GEOGRAPHICAL AREA WHERE INTERNET ACCESS SERVICES ARE ONLY AVAILABLE FROM
 A SINGLE BROADBAND INTERNET ACCESS SERVICE PROVIDER.
   E. AN INTERNET SERVICE PROVIDER THAT PROVIDES FIXED OR  MOBILE  BROAD-
 BAND  INTERNET  ACCESS  SERVICE  PURCHASED  OR FUNDED BY THE STATE SHALL
 PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE NETWORK  MANAGEMENT
 PRACTICES,  PERFORMANCE,  AND COMMERCIAL TERMS OF ITS BROADBAND INTERNET
 ACCESS SERVICE THAT IS SUFFICIENT TO ENABLE END USERS OF THOSE PURCHASED
 OR FUNDED SERVICES, INCLUDING THE STATE, TO FULLY AND ACCURATELY  ASCER-
 TAIN  IF  THE  SERVICE  IS  CONDUCTED IN A LAWFUL MANNER PURSUANT TO THE
 PROVISIONS OF SECTION TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE LAW.
   § 6. The general municipal law is amended  by  adding  a  new  section
 104-d to read as follows:
   § 104-D. INTERNET NEUTRALITY. 1. FOR PURPOSES OF THIS SECTION, "BROAD-
 BAND  INTERNET  ACCESS  SERVICE,"  "INTERNET SERVICE PROVIDER," "NETWORK
 MANAGEMENT PRACTICE," AND "REASONABLE NETWORK MANAGEMENT PRACTICE" SHALL
 HAVE THE SAME MEANINGS AS DEFINED IN SECTION TWO HUNDRED  FIFTY  OF  THE
 PUBLIC SERVICE LAW.
   2.  A.  A MUNICIPAL CORPORATION SHALL NOT PURCHASE ANY FIXED OR MOBILE
 BROADBAND INTERNET ACCESS SERVICES FROM  AN  INTERNET  SERVICE  PROVIDER
 THAT  IS IN VIOLATION OF THE PROVISIONS OF SECTION TWO HUNDRED FIFTY-ONE
 OF THE PUBLIC SERVICE LAW.
   B. A MUNICIPAL CORPORATION SHALL NOT PROVIDE FUNDING FOR THE  PURCHASE
 OF ANY FIXED OR MOBILE BROADBAND INTERNET ACCESS SERVICES FROM AN INTER-
 NET  SERVICE  PROVIDER THAT IS IN VIOLATION OF THE PROVISIONS OF SECTION
 TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE LAW.
   3. A. EVERY CONTRACT BETWEEN A MUNICIPAL CORPORATION AND  AN  INTERNET
 SERVICE  PROVIDER  FOR  BROADBAND  INTERNET ACCESS SERVICE SHALL REQUIRE
 THAT THE SERVICE BE RENDERED CONSISTENT WITH THE REQUIREMENTS OF SECTION
 TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE LAW.
   B. IF, AFTER EXECUTION OF A CONTRACT  FOR  BROADBAND  INTERNET  ACCESS
 SERVICE,  A  MUNICIPAL  CORPORATION DETERMINES THAT THE INTERNET SERVICE
 PROVIDER HAS VIOLATED THE PROVISIONS OF SECTION TWO HUNDRED FIFTY-ONE OF
 THE PUBLIC SERVICE LAW IN PROVIDING  SERVICE  TO  THE  MUNICIPAL  CORPO-
 RATION, THE MUNICIPAL CORPORATION MAY DECLARE THE CONTRACT VOID FROM THE
 TIME  IT  WAS ENTERED INTO AND REQUIRE REPAYMENT OF ANY PAYMENTS MADE TO
 THE INTERNET SERVICE PROVIDER PURSUANT TO  THE  CONTRACT.  THE  REMEDIES
 AVAILABLE  PURSUANT TO THIS SECTION ARE IN ADDITION TO ANY REMEDY AVAIL-
 ABLE PURSUANT TO ARTICLE TWENTY-TWO-A OF THE GENERAL BUSINESS LAW.
   4. IT SHALL NOT BE A VIOLATION OF THIS ARTICLE FOR A MUNICIPAL  CORPO-
 RATION  TO  PURCHASE  OR  FUND FIXED OR MOBILE BROADBAND INTERNET ACCESS

 S. 2263                             9
 
 SERVICES IN A GEOGRAPHICAL AREA WHERE INTERNET ACCESS SERVICES ARE  ONLY
 AVAILABLE FROM A SINGLE BROADBAND INTERNET ACCESS SERVICE PROVIDER.
   5.  AN  INTERNET SERVICE PROVIDER THAT PROVIDES FIXED OR MOBILE BROAD-
 BAND INTERNET ACCESS SERVICE PURCHASED OR FUNDED BY A  MUNICIPAL  CORPO-
 RATION  SHALL  PUBLICLY  DISCLOSE  ACCURATE  INFORMATION  REGARDING  THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND INTERNET ACCESS SERVICE THAT IS SUFFICIENT TO ENABLE END USERS
 OF  THOSE  PURCHASED  OR  FUNDED  SERVICES, INCLUDING A MUNICIPAL CORPO-
 RATION, TO FULLY AND ACCURATELY ASCERTAIN IF THE SERVICE IS CONDUCTED IN
 A LAWFUL MANNER PURSUANT  TO  THE  PROVISIONS  OF  SECTION  TWO  HUNDRED
 FIFTY-ONE OF THE PUBLIC SERVICE LAW.
   §  7.  Subdivision  3 of section 2879 of the public authorities law is
 amended by adding a new paragraph (n-1) to read as follows:
   (N-1) REQUIREMENTS TO CONDUCT PROCUREMENTS IN A MANNER  THAT  COMPLIES
 WITH  THE  PROVISIONS  OF  SECTION  TWO  HUNDRED FIFTY-ONE OF THE PUBLIC
 SERVICE LAW.
   § 8. Section 143 of the economic development law is amended by  adding
 a new subdivision 5 to read as follows:
   5.  EACH  AGENCY  SHALL CONDUCT PROCUREMENTS IN A MANNER THAT COMPLIES
 WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  FIFTY-ONE  OF  THE  PUBLIC
 SERVICE LAW.
   §  9.  Severability.  If any provision of this act, or the application
 thereof to any person or circumstances, is held invalid  or  unconstitu-
 tional,  that  invalidity  or unconstitutionality shall not affect other
 provisions or applications of this act that can be given effect  without
 the  invalid  or  unconstitutional provision or application, and to this
 end the provisions of this act are severable.
   § 10. This act shall take effect on the sixtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.