S T A T E   O F   N E W   Y O R K
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                                  6318--A
     Cal. No. 1519
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2023
                                ___________
 
 Introduced by Sens. HINCHEY, MAY, MYRIE -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Energy and
   Telecommunications --  reported  favorably  from  said  committee  and
   committed to the Committee on Finance -- committee discharged and said
   bill  committed  to the Committee on Rules -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading
 
 AN  ACT  to  amend  the public service law, in relation to directing the
   public service commission to review cellular services within the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "cellular
 mapping act of 2023".
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. CELLULAR SERVICES. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) THE TERM "SERVED FOR CALLING" MEANS ANY LOCATION WITH AT LEAST TWO
 CELLULAR SERVICE PROVIDERS AND/OR AT LEAST ONE SUCH PROVIDER HAS A  CALL
 COMPLETION RATE OF GREATER THAN NINETY PERCENT.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 CELLULAR  SERVICE  PROVIDERS,  OR  SUCH PROVIDERS HAVE A CALL COMPLETION
 RATE GREATER THAN THIRTY PERCENT, BUT LESS THAN NINETY PERCENT.
   (C) THE TERM "UNSERVED" MEANS  ANY  LOCATION  WHICH  HAS  NO  CELLULAR
 SERVICE  PROVIDERS OR SUCH PROVIDERS HAVE A CALL COMPLETION RATE OF LESS
 THAN THIRTY PERCENT.
   (D) THE TERM "EXCELLENT CELLULAR COVERAGE" SHALL MEAN CELLULAR SERVICE
 OF AT LEAST 25 MEGABITS PER SECOND (MBPS) DOWNLOAD SPEEDS.
   (E) THE TERM "ADEQUATE CELLULAR COVERAGE" SHALL MEAN CELLULAR  SERVICE
 OF AT LEAST 5 MBPS BUT LESS THAN 25 MBPS DOWNLOAD SPEEDS.
   (F)  THE  TERM "POOR CELLULAR COVERAGE" SHALL MEAN CELLULAR SERVICE OF
 FEWER THAN 5 MBPS DOWNLOAD SPEED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10656-04-3
 S. 6318--A                          2
 
   (G) THE TERM "NO CELLULAR COVERAGE" SHALL MEAN CELLULAR SERVICE  WHERE
 GREATER THAN FIFTY PERCENT OF SPEED TESTS FAIL TO COMPLETE.
   (H)  THE  TERM  "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A
 CENSUS TRACT.
   (I) THE TERM "CELLULAR 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 MAKE WIRELESS TELEPHONE CALLS AND CONNECT TO THE INTERNET.
   2.  THE  COMMISSION  SHALL  STUDY  THE AVAILABILITY, AFFORDABILITY AND
 RELIABILITY OF CELLULAR SERVICES  IN  NEW  YORK  STATE.  THE  COMMISSION
 SHALL:
   (A)  REVIEW  AND  APPROPRIATELY  CONSIDER  THE  RESULTS OF THE FEDERAL
 COMMUNICATIONS COMMISSION BROADBAND  DATA  TASK  FORCE'S  NEWLY  UPDATED
 NATIONAL  BROADBAND  MAP,  AND  ANY  FUTURE DATA, ON THE AVAILABILITY OF
 WIRELESS BROADBAND SERVICE IN NEW YORK STATE;
   (B) 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  EXCEL-
 LENT CELLULAR COVERAGE;
   (C)  REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT BEST
 SUPPORT CELLULAR SERVICE IN UNDERSERVED  OR  UNSERVED  AREAS,  AND  MAKE
 RECOMMENDATIONS ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN UNDERSERVED
 AND UNSERVED AREAS;
   (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO EXCELLENT CELLULAR
 COVERAGE IS CAUSING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY,
 WHICH  SHALL  INCLUDE BUT NOT BE LIMITED TO: THE INCURMENT OF EXTRANEOUS
 BUSINESS EXPENSES, THE LACK OF REMOTE EDUCATIONAL  OPPORTUNITIES,  RESI-
 DENTS BEING UNABLE TO PLACE CALLS AND/OR SEND TEXT MESSAGES IN EMERGENCY
 SITUATIONS  AND  BARRIERS  TO  THE  PROPER PROVISION OF POLICE, FIRE AND
 EMERGENCY MEDICAL SERVICES;
   (E) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING EXCEL-
 LENT CELLULAR SERVICE IT DEEMS NECESSARY TO  FURTHER  THE  ECONOMIC  AND
 SOCIAL GOALS OF THE STATE;
   (F)  PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED CELLULAR
 SERVICE ACCESS MAP OF THE STATE, INDICATING ACCESS TO  CELLULAR  SERVICE
 BY  LOCATION. SUCH MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING INFORMATION FOR EACH LOCATION:
   (I) CALL COMPLETION RATES AND DOWNLOAD SPEEDS ADVERTISED  AND  EXPERI-
 ENCED;
   (II)  THE  CONSISTENCY  AND  RELIABILITY  OF CALL COMPLETION RATES AND
 DOWNLOAD SPEEDS INCLUDING LATENCY;
   (III) THE NUMBER OF CELLULAR SERVICE PROVIDERS AVAILABLE, THE PRICE OF
 CELLULAR SERVICE AVAILABLE; AND
   (IV) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT; AND
   (G) PROVIDE THE OPPORTUNITY FOR CONSUMERS TO CHALLENGE THE RESULTS  OF
 THE CALL COMPLETION RATES AND SPEED TESTS AT EACH LOCATION.
   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
 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 EXCELLENT CELLULAR
 COVERAGE, ADEQUATE CELLULAR COVERAGE,  POOR  CELLULAR  COVERAGE  AND  NO
 CELLULAR  COVERAGE  AND IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND
 UNDERSERVED FOR CALLING;
 S. 6318--A                          3
 
   (B) A REGIONAL SURVEY OF CELLULAR  SERVICE  PRICES  IN  COMPARISON  TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF EXCELLENT CELLULAR COVERAGE 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
 CELLULAR SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (F) 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
 CELLULAR SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS, PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION,  AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5.    THE  COMMISSION  SHALL  EXAMINE THE LABOR DEMAND OF THE WIRELESS
 CONSTRUCTION WORKFORCE NEEDED TO  ACHIEVE  EXCELLENT  CELLULAR  COVERAGE
 STATEWIDE.
   6.  THE  COMMISSION  SHALL WORK WITH CELLULAR SERVICE PROVIDERS IN THE
 STATE TO PRIORITIZE ACCESS TO EXCELLENT CELLULAR COVERAGE  SERVICES  FOR
 THE  COMMUNITIES  DETERMINED  TO  HAVE EXPERIENCED NEGATIVE ECONOMIC AND
 SOCIAL IMPACTS DUE  TO  ABSENT,  INSUFFICIENT,  OR  INADEQUATE  CELLULAR
 SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   7.  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.
   8.  TO  ENSURE  THE  COMPLIANCE OF CELLULAR SERVICE PROVIDERS WITH THE
 RECOMMENDATIONS OF THE COMMISSION, THE DIVISION OF  CONSUMER  PROTECTION
 SHALL ASSIST THE COMMISSION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.