New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.175 - Executive Order No. 175: Ensuring Net Neutrality Protections For New Yorkers

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the internet is an essential service that should
					 be available to all New Yorkers;
WHEREAS, the free exchange of information, including the
					 ability to access the content of their choosing secured with net neutrality
					 protections is expected and relied upon by all New Yorkers;
WHEREAS, New York businesses need the ability to reach new
					 markets, compete in an increasingly global economy, and attract new talent
					 through a free and open internet;
WHEREAS, New York students rely on a free and open internet
					 to learn and access information far beyond their physical reach;
WHEREAS, educational institutions throughout New York rely
					 on a free and open internet to teach and help their students grow;
WHEREAS, New York State employees need access to a free and
					 open internet to conduct business on behalf of the people of New York
					 State;
WHEREAS, New Yorkers rely on a free and open internet to
					 communicate with family and friends, participate in the democratic process,
					 research important family and personal decisions, and learn and be
					 entertained;
WHEREAS, the Federal Communications Commission (FCC)
					 recently chose to do away with free and open internet protections in order to
					 satisfy corporate interests that are not aligned with those of New
					 Yorkers;
WHEREAS, the FCC has opined that violations of net
					 neutrality principles are best viewed through the lens of state and federal
					 trade and business practice laws, which can be enforced by state
					 governments;
WHEREAS, many of the Internet Service Providers (ISPs)
					 serving New Yorkers have made public pledges to continue to abide by the
					 principles of a free and open internet despite the FCC's actions;
WHEREAS, New York State is a significant purchaser of
					 internet and broadband services;
WHEREAS, New York State has a responsibility to ensure the
					 efficient procurement of goods and services for the State of New York and its
					 political subdivisions and the principles of net neutrality are inherently tied
					 to the provision of high quality, high speed broadband internet service for the
					 State;
WHEREAS, because many New York State government services
					 are available only via the internet, and throttling or paid prioritization
					 would limit the ability of many of the most vulnerable New Yorkers to access
					 the internet; and
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York do hereby order and direct New York State's
					 government, through this Executive Order, not to enter into any contracts for
					 internet service unless the ISPs agree to adhere to net neutrality principles.
					 The Office of General Services or any other governmental entity of New York
					 State, as defined herein, is directed to incorporate into the State's
					 procurement process for internet, data, and telecommunications services
					 criteria requiring that recipients of state contracts adhere to internet
					 neutrality principles as follows:
A.
				  Definitions
1. As used herein, "net
				  neutrality" means ISPs will not block, throttle, or prioritize internet content
				  or applications or require that end users pay different or higher rates to
				  access specific types of content or applications.
2. As used herein, "Affected State Entities"
				  means
(i) all agencies and departments over
				  which the Governor has Executive Authority; and
(ii) all public-benefit corporations, public
				  authorities and commissions, for which the Governor appoints the Chair, the
				  Chief Executive, or the majority of Board Members, except for the Port
				  Authority of New York and New Jersey.