S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3910
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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;
   (8)  environmental monitoring and protection, and achievement of state
 environmental goals; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03147-01-1

 A. 3910                             2
 
   (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-
 VIDUAL OR ENTITY, INCLUDING, BUT  NOT  LIMITED  TO,  AN  EDGE  PROVIDER,
 CONTENT DELIVERY NETWORK, OR OTHER NETWORK OPERATOR.

 A. 3910                             3
 
   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.
   (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.

 A. 3910                             4
 
   (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.
   (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.

 A. 3910                             5
 
   (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.
   (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:

 A. 3910                             6
 
   (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:
   (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

 A. 3910                             7
 
   (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.
   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.

 A. 3910                             8

   (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
 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

 A. 3910                             9
 
 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 6 to read as follows:
   6. 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 on or before
 such effective date.