NY Pub Serv L § 224-C (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 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.