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S03663 Summary:

Amd Art 11 Head, 212 & 215, add 231, Pub Serv L; add 148, St Fin L
Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.
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S03663 Actions:

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S03663 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
        AN  ACT  to  amend  the public service law and the state finance law, in
          relation to instituting internet service neutrality

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  article  heading of article 11 of the public service
     2  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
     3  follows:
     5                         INTERNET SERVICE PROVIDERS
     6    §  2.  Section  212 of the public service law is amended by adding two
     7  new subdivisions 15 and 16 to read as follows:
     8    15. "Broadband internet  access  service"  shall  mean  a  mass-market
     9  retail  service  that  provides  the  capability to transmit data to and
    10  receive data from all or substantially all internet endpoints, including
    11  any capabilities that are incidental to and enable the operation of  the
    12  communications  service,  but  shall not include dial-up internet access
    13  service.
    14    16. "Broadband internet service provider" shall mean any person, busi-
    15  ness or organization qualified to do business in this  state,  including
    16  municipal  broadband providers, that provides individuals, corporations,
    17  or other entities with broadband internet access service.
    18    § 3. The section heading of section 215 of the public service law,  as
    19  added  by  chapter 83 of the laws of 1995, is amended and a new subdivi-
    20  sion 14 is added to read as follows:
    21    Duties of the commission in respect to cable television companies  and
    22  broadband internet service providers.
    23    14. Develop and maintain a statewide plan for the monitoring of broad-
    24  band internet service providers, including the annual certification that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3663                             2
     1  broadband  internet  service  providers comply with the internet service
     2  neutrality requirements established in section two hundred thirty-one of
     3  this article.
     4    §  4.  The state finance law is amended by adding a new section 148 to
     5  read as follows:
     6    § 148. Internet service neutrality requirements in certain procurement
     7  contracts. Notwithstanding any other provision of law to  the  contrary,
     8  where  a contract that includes broadband internet access services is to
     9  be awarded by a state agency as defined in section one hundred sixty  of
    10  this  chapter  or any state or local authority as such terms are defined
    11  in section two of  public  authorities  law,  municipal  corporation  as
    12  defined  in  section two of the general municipal law, public library or
    13  association library, as such terms are defined in  section  two  hundred
    14  fifty-three  of  the  education  law,  the legislature, judiciary, state
    15  university of New York, or city university of New  York  pursuant  to  a
    16  competitive  bidding  process  or  a  request for proposal process, such
    17  competitive bidding process or request for proposal and  the  subsequent
    18  awarded  contract  shall  require  that  such  broadcast internet access
    19  services are compliant with the internet service neutrality requirements
    20  established in section two hundred thirty-one of the public service law.
    21  Provided, however, the entity awarding  such  contract  may  award  such
    22  contract  to  any broadband internet service provider that is not certi-
    23  fied by the public service commission pursuant  to  subdivision  two  of
    24  section  two  hundred  thirty-one of the public service law only if such
    25  entity demonstrates to the public service  commission  that  either  (i)
    26  there  are  no  other  broadband internet service providers available to
    27  contract with, or (ii) awarding such contract to a  certified  broadband
    28  internet  service provider would result in a significant financial hard-
    29  ship when compared to awarding the  contract  to  a  broadband  internet
    30  service provider not certified by the public service commission.
    31    §  5. The public service law is amended by adding a new section 231 to
    32  read as follows:
    33    § 231. Internet service neutrality. 1. For purposes of  this  section,
    34  "network management practice" shall mean a practice that has a primarily
    35  technical  network  management justification, but does not include other
    36  business practices. A "reasonable  network  management  practice"  shall
    37  mean  a  network  management  practice  that  is  primarily used for and
    38  tailored to achieving a legitimate network  management  purpose,  taking
    39  into  account  the particular network architecture and technology of the
    40  broadband internet access service.
    41    2. The commission shall certify annually that any  broadband  internet
    42  service provider qualified to do business in this state, does not:
    43    (a)  block  lawful  content,  applications,  services,  or non-harmful
    44  devices, subject to reasonable network management.
    45    (b) impair or degrade lawful internet traffic on the basis of internet
    46  content, application, or  service,  or  use  of  a  non-harmful  device,
    47  subject to reasonable network management.
    48    (c)  engage  in  paid  prioritization,  including, but not limited to,
    49  traffic shaping, prioritization, resource reservation, or other forms of
    50  preferential traffic management, either (i) in exchange for any form  of
    51  consideration from a third party, or (ii) to benefit an affiliated enti-
    52  ty, unless the broadband internet service provider demonstrates that the
    53  practice  would  provide a significant public interest benefit and would
    54  not harm the open nature of the internet.
    55    3. The commission shall annually  prepare  a  report  that  lists  the
    56  certification status for every broadband internet service provider qual-

        S. 3663                             3
     1  ified  to  do  business in this state. Such report shall be published on
     2  the commission's website and updated at least annually.  The  commission
     3  shall  notify  the  governor, the temporary president of the senate, and
     4  the  speaker  of  the assembly of the publication of such report and any
     5  updates.
     6    § 6. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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