NY State Senate Bill 2019-S8805

Senate Bill S8805

Vetoed By Governor

2019-2020 Legislative Session

Relates to the public service commission reviewing broadband and fiber optic services within the state

download bill text pdf

Archive: Last Bill Status Via A6679 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2021	pocket veto - veto.77
Dec 29, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.869 substituted for s8805
Jul 22, 2020	substituted by a6679c
Jul 21, 2020	ordered to third reading cal.869
Jul 17, 2020	referred to rules

Votes

- Jul 22, 2020 - Floor Vote
  A6679
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Ortt
  Jul 21, 2020 - Rules Committee Vote
  S8805
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 21, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

co-Sponsors

View additional co-sponsors

2019-S8805 (ACTIVE) - Details

See Assembly Version of this Bill:: A6679
Law Section:: Public Service Law
Laws Affected:: Add §224-c, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7912
2021-2022: S4878

2019-S8805 (ACTIVE) - Summary

Requires the public service commission to review broadband and fiber optic services within the state and requires the expansion of broadband and fiber optic services.

2019-S8805 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8805

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the public service law, in relation to the public
service commission reviewing broadband and fiber optic services within
the state

 
PURPOSE:

To increase access to high-speed broadband service across the state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - This act shall be known and cited as the "Comprehensive
Broadband Connectivity Act."

Section 2 - Legislative findings.

Section 3 - Amends public service law by adding a new section 224-c

which:

* Defines various terms;

* Requires the Public Service Commission (PSC) to study the availabili-
ty, affordability, and reliability of high-speed internet and broadband
access in New York State, and produce a detailed access map on its
website indicating internet service by location;

* Requires the PSC to submit a report on its findings to the governor
and legislature within one year of effective date of this act, and annu-
ally thereafter;

* Requires the PSC to hold at least four regional public hearings across
the state within one year of the effective date of this act to solicit
public input;

* Requires the PSC to work with internet service providers in the state
to prioritize access to broadband and fiber optic services for communi-
ties that have experienced negative economic and social impacts due to
absent or insufficient service; and

* Authorizes the PSC to receive information from other departments and
agencies to carry out its powers and duties under this act.

Section 4 - Effective date.

 
JUSTIFICATION:

While recently there have been significant and positive efforts to
expand high-speed internet infrastructure, many areas of the state still
do not have sufficient access to broadband services, in particular fiber
optic service. A recent study found that 8. 7 million New Yorkers are
not accessing the internet at high speed rates. Less than half of the
population in rural communities in the state have usage at internet
speeds of at least 25 Mbps download, with some areas as low as almost
15% for 25Mbps internet speed usage. Even in areas of the state with
high-speed Internet access, there is usually only one company that
provides this internet service. This monopoly can lead to a lack of
innovation by internet service providers (ISPs), and leaves customers
with no alternative option in cases where the ISP overcharges for
services or under-delivers on its product.

Affordable access to high-speed internet is critical to the revitaliza-
tion of rural communities, and to the health, well-being, and quality of
life of all New Yorkers. Without access to high speed internet, New York
families are unable to access an essential service for work, school, and
daily activities. The digital divide deprives underserved communities of
educational and economic opportunities, and prevents communities lacking
sufficient healthcare services from taking advantage of advances in
telemedicine. This legislation, building off of the efforts in the
recent past, is intended to close the gap and help ensure that all New
Yorkers have access to this vital service.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.5696(Metzger)- reported to floor.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S8805 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8805
 
                             I N  S E N A T E
 
                               July 17, 2020
                                ___________
 
 Introduced  by  Sens.  METZGER, MAY, GALLIVAN, BAILEY, BENJAMIN, BIAGGI,
   BORRELLO, BOYLE,  BROOKS,  CARLUCCI,  GAUGHRAN,  GOUNARDES,  HARCKHAM,
   HELMING,  HOYLMAN,  JACKSON,  JORDAN, KAMINSKY, KENNEDY, KRUEGER, LIU,
   MARTINEZ, MAYER, MYRIE, ORTT, PARKER, PERSAUD, RIVERA, SALAZAR,  SAVI-
   NO, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules

 AN  ACT  to  amend  the  public  service  law, in relation to the public
   service commission reviewing broadband and fiber optic services within
   the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive broadband connectivity act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that  access  to  high-speed  internet  is a fundamental right and it is
 incumbent upon the State to ensure provision of this right to every  New
 Yorker.  Yet  many  areas  of  the  state do not have access to adequate
 broadband services. The lack of competition  in  the  telecommunications
 marketplace  has  been a cause of deteriorated service for customers and
 users of regulated telephonic and telecommunications services. The  lack
 of  access  to adequate internet services for schools, businesses, fami-
 lies, and healthcare facilities has had  substantial  negative  economic
 and  social  impact  particularly  in  rural  and  other underserved and
 unserved communities.
   § 3. 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. FOR THE PURPOSES OF
 THIS SECTION:
   (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT  LEAST  TWO  INTERNET
 SERVICE  PROVIDERS  AND  AT  LEAST  ONE  SUCH PROVIDER OFFERS HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25  MEGA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00855-09-0

 S. 8805                             2
 
 BITS  PER  SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL-
 ABLE.
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE  OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS AVAIL-
 ABLE.
   (D) THE TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET  SERVICE  OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E)  THE  TERM  "BROADBAND  SERVICE"  SHALL  MEAN A MASS-MARKET RETAIL
 SERVICE 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 SHALL NOT INCLUDE DIAL-UP SERVICE.
   (F)  THE  TERM  "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS OR ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS  STATE  THAT
 PROVIDES  INDIVIDUALS,  CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY
 TO CONNECT TO THE INTERNET.
   2. THE COMMISSION SHALL  STUDY  THE  AVAILABILITY,  AFFORDABILITY  AND
 RELIABILITY  OF  HIGH-SPEED  INTERNET AND BROADBAND SERVICES IN NEW YORK
 STATE. THE COMMISSION SHALL:
   (A) ASSESS THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING  LEVELS  OF
 COMPETITION  AMONG  PROVIDERS,  AS  WELL AS ANY REGULATORY AND STATUTORY
 BARRIERS, IN ORDER TO DELIVER COMPREHENSIVE STATEWIDE  ACCESS  TO  HIGH-
 SPEED INTERNET;
   (B)  REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT BEST
 SUPPORT HIGH-SPEED INTERNET SERVICE IN UNDERSERVED  OR  UNSERVED  AREAS,
 AND  MAKE  RECOMMENDATIONS  ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN
 UNDERSERVED AND UNSERVED AREAS;
   (C) IDENTIFY INSTANCES WHERE  LOCAL  FRANCHISE  AGREEMENTS  AND  LEGAL
 SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH;
   (D)  IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY;
   (E) IDENTIFY LOCATIONS  WHERE  THE  COMMISSION  BELIEVES  FIBER  OPTIC
 SERVICE  IS  NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF COMMISSION'S
 POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE;
   (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD-
 BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS
 OF THE STATE; AND
   (G) PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED  INTERNET
 ACCESS  MAP  OF  THE  STATE,  INDICATING  ACCESS  TO INTERNET SERVICE BY
 LOCATION. SUCH MAP SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOWING
 INFORMATION FOR EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II)  THE  CONSISTENCY  AND  RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING BUT NOT LIMITED TO DIAL-UP, BROADBAND,  WIRELESS,  FIBER,  COAX,  OR
 SATELLITE;
   (IV)  THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.
   3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND  RECOMMEN-
 DATIONS  FROM  THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF

 S. 8805                             3
 
 THE  ASSEMBLY  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND AN UPDATED REPORT ANNUALLY THEREAFTER.  SUCH  REPORT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B) A REGIONAL SURVEY OF INTERNET  SERVICE  PRICES  IN  COMPARISON  TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN
 NEW YORK STATE;
   (D) ANY RELEVANT USAGE STATISTICS;
   (E)  ANY  OTHER  METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN
 ORDER TO ASSESS  THE  AVAILABILITY,  AFFORDABILITY  AND  RELIABILITY  OF
 INTERNET SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 THIS SECTION.
   4.  THE  COMMISSION  SHALL HOLD AT LEAST FOUR REGIONAL PUBLIC HEARINGS
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT  INPUT
 FROM  THE  PUBLIC  AND  OTHER  STAKEHOLDERS INCLUDING BUT NOT LIMITED TO
 INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS, PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION,  AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5.  THE  COMMISSION  SHALL WORK WITH INTERNET SERVICE PROVIDERS IN THE
 STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE
 COMMUNITIES DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND  SOCIAL
 IMPACTS  DUE  TO  ABSENT, INSUFFICIENT, OR INADEQUATE BROADBAND OR FIBER
 OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   6. TO EFFECTUATE THE PURPOSES OF  THIS  SECTION,  THE  COMMISSION  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  STATE  PUBLIC  AUTHORITY
 SUCH  ASSISTANCE,  INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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