S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7837
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation  to  providing  free
   high-speed  internet and cable service to residents of municipal hous-
   ing authorities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 231 to read as follows:
   § 231. EMPIRE CONNECT. 1. FOR THE PURPOSES OF THIS SECTION,  THE  TERM
 "HIGH-SPEED  INTERNET  SERVICE"  SHALL MEAN INTERNET SERVICE OF AT LEAST
 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   2. EACH INTERNET SERVICE PROVIDER AND CABLE  TELEVISION  COMPANY  THAT
 PROVIDES  SERVICE TO CUSTOMERS WITHIN A MUNICIPALITY SHALL PROVIDE BASIC
 HIGH-SPEED INTERNET SERVICE AND CABLE SERVICE TO EACH RESIDENTIAL DWELL-
 ING OR UNIT IN A MULTIPLE DWELLING, AS DEFINED BY SECTION THREE  OF  THE
 PUBLIC HOUSING LAW, THAT IS OWNED OR MANAGED BY A MUNICIPAL PUBLIC HOUS-
 ING  AUTHORITY,  AS  DEFINED BY SECTION THREE OF THE PUBLIC HOUSING LAW.
 THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE  BORNE  BY  CUSTOMERS  OF
 INTERNET  SERVICE  PROVIDERS OR CABLE TELEVISION COMPANIES AND SHALL NOT
 BE ADDED TO BILLS RENDERED BY AN  INTERNET  SERVICE  PROVIDER  OR  CABLE
 TELEVISION COMPANY TO SUCH CUSTOMERS.
   3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE  PROVISIONS  OF  THIS  SECTION,  INCLUDING,  BUT  NOT LIMITED TO THE
 FOLLOWING:
   (A) RULES AND REGULATIONS TO  APPORTION  THE  RESPONSIBILITY  OF  EACH
 INTERNET SERVICE PROVIDER AND CABLE TELEVISION COMPANY IN THE EVENT THAT
 A MUNICIPALITY HAS AUTHORIZED MORE THAN ONE INTERNET SERVICE PROVIDER OR
 CABLE  TELEVISION  COMPANY TO OPERATE WITHIN THE GEOGRAPHIC AREA OF SUCH
 MUNICIPALITY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-01-3
 A. 7837                             2
              

 
   (B) RULES AND REGULATIONS TO ENSURE SUCH COMPLIANCE BY  SUCH  INTERNET
 SERVICE  PROVIDERS AND CABLE TELEVISION COMPANIES WITH THE PROVISIONS OF
 THIS SECTION.
   4.  NO  INTERNET  SERVICE  PROVIDER  OR CABLE TELEVISION COMPANY SHALL
 ASSIGN OR TRANSFER LIABILITY FOR ITS OBLIGATIONS UNDER THIS  SECTION  TO
 ANY OTHER PERSON, BUSINESS, ENTITY, OR ORGANIZATION, OR CONTRACT FOR ANY
 OTHER PERSON, BUSINESS, ENTITY, OR ORGANIZATION TO PERFORM SUCH INTERNET
 SERVICE  PROVIDER'S  OR  CABLE  TELEVISION  COMPANY'S  DUTIES UNDER THIS
 SECTION WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSION.
   5. (A) THE COMMISSION SHALL ESTABLISH AND MANAGE  A  CABLE  AND  HIGH-
 SPEED INTERNET SERVICE ABATEMENT FUND TO PROVIDE REIMBURSEMENT TO INTER-
 NET SERVICE PROVIDERS AND CABLE TELEVISION COMPANIES FOR CABLE AND HIGH-
 SPEED  INTERNET  SERVICE  PROVIDED  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION.
   (B) THE COMMISSION SHALL APPROPRIATE MONEY AS NECESSARY TO THE FUND TO
 REIMBURSE ALL INTERNET SERVICE PROVIDERS AND CABLE TELEVISION  COMPANIES
 FOR  THE COSTS OF PROVIDING CABLE AND HIGH-SPEED INTERNET SERVICE PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION. ANY FEDERAL FUNDS MADE AVAILABLE
 FOR SUCH PURPOSE AND ANY STATE FUNDS APPROPRIATED FOR  CABLE  AND  HIGH-
 SPEED INTERNET SERVICE SHALL BE DEPOSITED INTO SUCH FUND.
   (C)  THE COMMISSION SHALL PROVIDE INTERNET SERVICE PROVIDERS AND CABLE
 TELEVISION COMPANIES WITH AN  APPLICATION  TO  APPLY  FOR  REIMBURSEMENT
 PAYMENTS FROM THE FUND.
   §  2.  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
   § 3. 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, ENTI-
 TY,  OR ORGANIZATION QUALIFIED TO DO BUSINESS IN THE STATE THAT PROVIDES
 INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT
 TO THE INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THE STATE.
   § 4. 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.