S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4061
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the public service law, in relation to quality standards
   for internet service providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
                                ARTICLE 11
      PROVISIONS RELATING TO CABLE TELEVISION COMPANIES AND INTERNET
                             SERVICE PROVIDERS
   § 2. 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.
   § 3. The public service law is amended by adding a new section 231  to
 read as follows:
   §  231.  SERVICE  QUALITY  STANDARDS  FOR  INTERNET SERVICE PROVIDERS;
 PENALTIES. 1. THE COMMISSION SHALL ESTABLISH QUALITY OF  SERVICE  STAND-
 ARDS, MINIMUM PERFORMANCE LEVELS, CUSTOMER-SPECIFIC CREDITS, AND REPORT-
 ING REQUIREMENTS THAT SHALL APPLY TO EACH INTERNET SERVICE PROVIDER.
   A.  SERVICE  STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) MEAS-
 URES RELATING TO REPAIRS FOR SERVICE OUTAGES  WITHIN  FORTY-EIGHT  HOURS
 UNLESS  A CUSTOMER OPTS OTHERWISE; (II) A REQUIREMENT THAT NEW INSTALLA-
 TION ORDERS BE COMPLETED WITHIN FIVE DAYS UNLESS A SUBSCRIBER OR CUSTOM-
 ER OPTS OTHERWISE;  (III)  A  REQUIREMENT  THAT  EACH  INTERNET  SERVICE
 PROVIDER  DEVELOP  PROCEDURES  TO  PRIORITIZE SERVICE TO SUBSCRIBERS AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02408-01-1

 S. 4061                             2
 
 CUSTOMERS WHO  ARE  SPECIAL-NEEDS  SUBSCRIBERS  AND  CUSTOMERS  AND  FOR
 CUSTOMERS  WHO  UTILIZE  A MEDICAL ALERT SYSTEM OR COMMUNICATIONS EQUIP-
 MENT, IN CONJUNCTION WITH  MEDICAL  DEVICES,  TO  MONITOR  AND  TRANSMIT
 MEDICAL  DATA  TO  THEIR  TREATING  PHYSICIANS'  MEDICAL  SITES;  (IV) A
 REQUIREMENT THAT EACH INTERNET SERVICE PROVIDER REPORT  TO  THE  COMMIS-
 SION,  ON  AN  ANNUAL BASIS, THE NUMBER OF SUBSCRIBERS AND CUSTOMERS WHO
 REPORT SERVICE ISSUES OR OUTAGES, AND THE PERCENTAGE OF THOSE CASES THAT
 ARE RESOLVED, AND (V) A REQUIREMENT THAT EACH INTERNET SERVICE  PROVIDER
 PROVIDES  THE INTERNET SERVICE SPEEDS ADVERTISED TO AND PAID FOR BY EACH
 SUBSCRIBER AND CUSTOMER.
   B. MINIMUM PERFORMANCE LEVELS  FOR  EACH  SERVICE  STANDARD  SHALL  BE
 DEVELOPED  TO  ENSURE  THAT  EACH INTERNET SERVICE PROVIDER IN THE STATE
 PROVIDES HIGH QUALITY SUBSCRIBER AND CUSTOMER SERVICE AND  HIGH  QUALITY
 TECHNICAL SERVICE TO ALL THEIR SUBSCRIBERS AND CUSTOMERS.
   C. THE COMMISSION SHALL ESTABLISH A SCHEDULE OF SUBSCRIBER AND CUSTOM-
 ER CREDITS OR REBATES, WHICH SHALL BE AWARDED TO SUBSCRIBERS AND CUSTOM-
 ERS  THAT  EXPERIENCE SERVICE OUTAGE CONDITIONS AND FOR MISSED INSTALLA-
 TION APPOINTMENTS. A SYSTEM OF GRADUATED CREDITS  OR  REBATES  SHALL  BE
 ESTABLISHED  FOR  THOSE  SUBSCRIBERS  AND CUSTOMERS WHOSE SERVICE OUTAGE
 CONDITION WAS NOT CLEARED WITHIN FORTY-EIGHT HOURS OR  INSTALLATION  WAS
 NOT  COMPLETED WITHIN FIVE BUSINESS DAYS UNLESS A SUBSCRIBER OR CUSTOMER
 OPTS OTHERWISE.
   2. A. EVERY INTERNET SERVICE PROVIDER SHALL ADHERE TO EVERY  PROVISION
 OF THIS SECTION AND EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF
 THIS SECTION SO LONG AS THE SAME SHALL BE IN FORCE.
   B.  (I)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
 PENALTY AGAINST EACH INTERNET SERVICE PROVIDER AND THE DIRECTORS,  OFFI-
 CERS,  AGENTS  AND EMPLOYEES THEREOF SUBJECT TO THE JURISDICTION, SUPER-
 VISION, OR REGULATION PURSUANT TO THIS SECTION IN AN AMOUNT AS SET FORTH
 IN THIS SUBDIVISION. IN DETERMINING THE AMOUNT  OF  ANY  PENALTY  TO  BE
 ASSESSED  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSION SHALL CONSIDER:
 (A) THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT;  (B)
 THE  NATURE  AND  EXTENT  OF ANY PREVIOUS VIOLATIONS FOR WHICH PENALTIES
 HAVE BEEN ASSESSED AGAINST THE INTERNET SERVICE PROVIDER OR SUCH  DIREC-
 TORS, OFFICERS, AGENTS AND EMPLOYEES THEREOF; (C) THE GROSS REVENUES AND
 FINANCIAL  STATUS  OF  THE INTERNET SERVICE PROVIDER; AND (D) SUCH OTHER
 FACTORS AS THE COMMISSION MAY DEEM APPROPRIATE AND RELEVANT.  THE  REME-
 DIES  PROVIDED  IN  THIS PARAGRAPH ARE IN ADDITION TO ANY OTHER REMEDIES
 PROVIDED BY LAW.
   (II) WHENEVER THE COMMISSION HAS REASON TO BELIEVE  THAT  AN  INTERNET
 SERVICE  PROVIDER  AND  SUCH  DIRECTORS,  OFFICERS, AGENTS AND EMPLOYEES
 THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH  IN
 THIS  SUBDIVISION, IT SHALL PROVIDE NOTIFICATION AND PROVIDE AN OPPORTU-
 NITY TO BE HEARD TO SUCH  INTERNET  SERVICE  PROVIDER  OR  PERSON.  SUCH
 NOTICE  SHALL  INCLUDE,  BUT SHALL NOT BE LIMITED TO: (A) THE DATE AND A
 BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT OR FAILURE TO  ACT
 FOR  WHICH  SUCH  PENALTY IS PROPOSED; (B) A LIST OF EACH STATUTE, REGU-
 LATION OR ORDER THAT THE COMMISSION ALLEGES HAS BEEN VIOLATED;  (C)  THE
 AMOUNT  OF  EACH PENALTY THAT THE COMMISSION PROPOSES TO ASSESS; AND (D)
 THE OPTION TO REQUEST A HEARING TO DEMONSTRATE WHY THE PROPOSED  PENALTY
 OR  PENALTIES  SHOULD  NOT  BE  ASSESSED  AGAINST  SUCH INTERNET SERVICE
 PROVIDER OR PERSON.
   C. ANY INTERNET SERVICE PROVIDER THAT VIOLATES ANY PROVISION  OF  THIS
 SECTION,  REGULATION OR ORDER ADOPTED UNDER AUTHORITY OF THIS SECTION SO
 LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS  TO  PROVIDE  SAFE  AND
 ADEQUATE  SERVICE  SHALL  FORFEIT A SUM NOT EXCEEDING THE GREATER OF ONE

 S. 4061                             3
 
 HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF  ONE  PERCENT  OF  THE
 ANNUAL  INTRASTATE  GROSS  OPERATING  REVENUE  OF  THE  INTERNET SERVICE
 PROVIDER, CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY  OFFENSE  AND,
 IN  THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE DEEMED A SEPA-
 RATE AND DISTINCT OFFENSE.
   D. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS  SUBDIVISION,
 ANY  SUCH  INTERNET  SERVICE  PROVIDER THAT VIOLATES A PROVISION OF THIS
 SECTION, OR ANY ORDER OR REGULATION ADOPTED UNDER THE AUTHORITY OF  THIS
 SECTION SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY OR PREVENTION OF
 SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO DEATH
 OR  PERSONAL INJURY AND DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
 SAND DOLLARS, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF: (I)  TWO
 HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE PERCENT OF
 THE  ANNUAL  INTRASTATE  GROSS OPERATING REVENUE OF THE INTERNET SERVICE
 PROVIDER, WHICHEVER IS GREATER, CONSTITUTING A CIVIL  PENALTY  FOR  EACH
 SEPARATE  AND  DISTINCT OFFENSE, PROVIDED, HOWEVER, THAT FOR PURPOSES OF
 THIS SUBPARAGRAPH, EACH DAY OF  A  CONTINUING  VIOLATION  SHALL  NOT  BE
 DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING
 VIOLATION,  AS  WELL  AS  EVERY  DISTINCT  VIOLATION, SHALL BE SIMILARLY
 TREATED AS A SEPARATE AND DISTINCT OFFENSE FOR PURPOSES  OF  THIS  PARA-
 GRAPH;  OR  (II)  THE  MAXIMUM  FORFEITURE DETERMINED IN ACCORDANCE WITH
 PARAGRAPH C OF THIS SUBDIVISION.
   E. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS C AND D OF THIS SUBDI-
 VISION, AN INTERNET SERVICE PROVIDER THAT VIOLATES A PROVISION  OF  THIS
 SECTION,  OR  ANY  ORDER  OR  REGULATION ADOPTED UNDER AUTHORITY OF THIS
 SECTION, DESIGNED TO PROTECT THE OVERALL RELIABILITY AND  CONTINUITY  OF
 SERVICE, INCLUDING BUT NOT LIMITED TO THE RESTORATION OF SERVICE FOLLOW-
 ING A MAJOR OUTAGE EVENT OR EMERGENCY, SHALL FORFEIT A SUM NOT TO EXCEED
 THE GREATER OF: (I) FIVE HUNDRED THOUSAND DOLLARS OR FOUR ONE-HUNDREDTHS
 OF  ONE  PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE
 INTERNET SERVICE PROVIDER, WHICHEVER IS GREATER,  CONSTITUTING  A  CIVIL
 PENALTY  FOR EACH SEPARATE AND DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT
 FOR PURPOSES OF THIS SUBPARAGRAPH EACH DAY  OF  A  CONTINUING  VIOLATION
 SHALL NOT BE DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF
 A  CONTINUING  VIOLATION,  AS  WELL AS EVERY DISTINCT VIOLATION SHALL BE
 SIMILARLY TREATED AS A SEPARATE AND DISTINCT  OFFENSE  FOR  PURPOSES  OF
 THIS SUBPARAGRAPH; OR
   (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH PARAGRAPH C
 OF THIS SUBDIVISION.
   F. ANY DIRECTOR, OFFICER, AGENT, OR EMPLOYEE OF ANY  INTERNET  SERVICE
 PROVIDER DETERMINED BY THE COMMISSION TO HAVE VIOLATED THE PROVISIONS OF
 PARAGRAPH  C,  D, OR E OF THIS SUBDIVISION, AND WHO KNOWINGLY VIOLATES A
 PROVISION OF THIS SECTION, REGULATION OR AN ORDER ADOPTED UNDER AUTHORI-
 TY OF THIS SECTION SO LONG AS THE SAME SHALL BE IN  FORCE,  INCLUDING  A
 FAILURE TO PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO
 EXCEED  ONE  HUNDRED  THOUSAND  DOLLARS CONSTITUTING A CIVIL PENALTY FOR
 EACH AND EVERY OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION,  EACH
 DAY SHALL BE DEEMED A SEPARATE AND DISTINCT OFFENSE.
   G.  ANY  SUCH  ASSESSMENT  MAY  BE  COMPROMISED OR DISCONTINUED BY THE
 COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SUBDIVISION,  TOGETHER
 WITH THE COSTS THEREOF, SHALL BE REMITTED TO, OR FOR THE BENEFIT OF, THE
 SUBSCRIBERS OR CUSTOMERS OF THE INTERNET SERVICE PROVIDER IN A MANNER TO
 BE DETERMINED BY THE COMMISSION.
   H. UPON A FAILURE BY AN INTERNET SERVICE PROVIDER TO REMIT ANY PENALTY
 ASSESSED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION, THE COMMISSION,
 THROUGH  ITS  COUNSEL  OR  OTHER  APPROPRIATE DESIGNEE, MAY INSTITUTE AN

 S. 4061                             4

 ACTION OR SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPE-
 TENT JURISDICTION.
   I. ANY PAYMENT MADE BY AN INTERNET SERVICE PROVIDER AND THE DIRECTORS,
 OFFICERS,  AGENTS AND EMPLOYEES THEREOF, AS A RESULT OF AN ASSESSMENT AS
 PROVIDED IN THIS SUBDIVISION, AND THE COST OF  LITIGATION  AND  INVESTI-
 GATION  RELATED  TO  ANY  SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM
 SUBSCRIBERS OR CUSTOMERS.
   J. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS SECTION RELATING
 TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF  AN
 INTERNET SERVICE PROVIDER ACTING WITHIN THE SCOPE OF HIS OR HER OFFICIAL
 DUTIES  OR  EMPLOYMENT  SHALL  BE  DEEMED TO BE THE ACT OF SUCH INTERNET
 SERVICE PROVIDER.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.