N.Y. Public Service Law § 224-c: Broadband and fiber optic services

§ 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

megabits per second (mbps) download but less than 100 mbps download

available.

(c) The term "unserved" means any location which has no fixed wireless

service or wired service with speeds of less than 25 mbps download

available.

(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,

business 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, reliability, and cost

of high-speed internet and broadband services in New York state. The

commission shall, to the extent practicable:

(a) identify areas at a census block level that are served by a sole

provider and assess any state regulatory and statutory barriers related

to the delivery of 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 during the study period where local governments

have notified the commission of alleged non-compliance with franchise

agreements and instances of commission or department enforcement actions

that have had a direct impact on internet access;

(d) identify locations where insufficient access to high-speed

internet and/or broadband service, and/or persistent digital divide, is

causing negative social or economic impact on the community; and

(e) produce 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

including 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

recommendations 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, to the extent such

information is available:

(a) the overall number of residences with access to high-speed

internet identifying which areas are served, unserved and underserved;

(b) a regional survey of internet service prices in comparison to

county-level median income;

(c) any relevant consumer subscription statistics;

(d) any other metrics or analyses the commission deems necessary in

order to assess the availability, cost, and reliability of internet

service in New York state; and

(e) the map maintained pursuant to paragraph (e) of subdivision two of

this section.

4. The commission shall hold at least one public hearing in an upstate

region and one in a downstate region 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 organizations, public safety

organizations, healthcare, education, agricultural and other businesses

or organizations.

5. 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. Additionally,

internet service providers shall provide any information and data

requested by the commission that is related to the study required under

this section.