STATE OF NEW YORK ________________________________________________________________________ 9529 IN ASSEMBLY January 19, 2018 ___________ Introduced by M. of A. RYAN -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to providing broad- band and fiber optic services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds and 2 declares that large portions of the state do not have access to broad- 3 band services, particularly fiber optic service. This has made the tele- 4 communications marketplace less competitive, and has been a partial 5 cause of deteriorated service for customers and users of regulated tele- 6 phonic and telecommunications services. This in turn has had substantial 7 negative economic and social impacts, particularly in rural and other 8 underserved communities. 9 § 2. The public service law is amended by adding a new section 224-c 10 to read as follows: 11 § 224-c. Broadband and fiber optic services. 1. The commission shall 12 determine, within six months of the effective date of this section, the 13 status of broadband and fiber optic services in New York state. The 14 commission shall identify communities without access to broadband and 15 fiber optic services, communities in which insufficient telecommuni- 16 cations service has caused social or economic impacts, communities where 17 local franchises have not been complied with, and communities in which 18 the commission believes such broadband and/or fiber optic service is 19 necessary for the successful implementation of commission policies on 20 competition, affordable, and adequate service. 21 2. The commission shall, within six months of the completion of the 22 determination of broadband and fiber optic services in New York state 23 pursuant to subdivision one of this section, require construction or 24 installation of broadband and fiber optic services by an internet 25 service provider in communities in which broadband and fiber optic 26 services are determined to be absent, insufficient, or inadequate, so as 27 to ensure the availability of broadband and fiber optic services to the 28 greatest number of New York state residents possible. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08323-03-8

A. 9529 2 1 § 3. The article heading of article 11 of the public service law, as 2 added by chapter 83 of the laws of 1995, is amended to read as follows: 3 PROVISIONS RELATING TO CABLE TELEVISION COMPANIES 4 AND INTERNET SERVICE PROVIDERS 5 § 4. Section 212 of the public service law is amended by adding a new 6 subdivision 15 to read as follows: 7 15. "Internet service provider" shall mean any person, business or 8 organization qualified to do business in this state that provides indi- 9 viduals, corporations, or other entities with the ability to connect to 10 the internet. 11 § 5. This act shall take effect on the ninetieth day after it shall 12 have become a law.