STATE OF NEW YORK ________________________________________________________________________ 4787 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to authorize and direct the department of public service to study and report on the current status of cable television systems operating and providing services to the customer premises over fiberoptic cables 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 declares that 2 the public interest is furthered by the broadest possible deployment of 3 consumer-available high-speed internet service at reasonable prices, to 4 the largest number of New York households and businesses as is practica- 5 ble. Due to the ubiquity of such service provided by cable television 6 companies, and such companies' provision of high-speed internet to the 7 home and workplace, and the greater speeds demonstrated around the rest 8 of the world by systems providing high-speed internet by fiberoptic 9 cable to the premises, the legislature finds that it has a compelling 10 interest in closer oversight of the cable television systems, whether 11 completed or under construction, that provide such services and allow 12 the citizens of the state of New York to access government or other 13 services from home or otherwise remotely. 14 § 2. Study. a. The department of public service shall, within thirty 15 days of the effective date of this act, undertake a study, pursuant to 16 its duty under subdivision 11 of section 215 of the public service law, 17 of the current status of cable television systems operating and provid- 18 ing services to the customer premises over fiberoptic cables. This study 19 shall include: 20 (i) the total number of franchises such companies have or operate 21 where service is provided to the customer premises over fiberoptic 22 cable; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00751-01-7A. 4787 2 1 (ii) the complete list of municipalities of franchises such companies 2 have or operate where service is provided to the customer premises over 3 fiberoptic cable; 4 (iii) a demographic analysis of the racial, ethnic and income charac- 5 teristics of the residents of each municipality by franchise such compa- 6 nies have or operate where service is provided to the customer premises 7 over fiberoptic cable based on the results of the most recent decennial 8 census conducted by the census bureau of the United States; 9 (iv) a demographic analysis of the racial, ethnic and income charac- 10 teristics of the residents of each municipality where such companies do 11 not have or do not operate a franchise where service is provided to the 12 customer premises over fiberoptic cable based on the results of the most 13 recent decennial census conducted by the census bureau of the United 14 States; and 15 (v) a further breakdown by county, where applicable, and region of the 16 state of New York as defined by the empire state development corporation 17 of the demographic analysis of the racial, ethnic and income character- 18 istics of the residents of both the municipalities with which such 19 companies have or operate a franchise where service is provided to the 20 customer premises over fiberoptic cable and the municipalities with 21 which such companies do not have or do not operate a franchise where 22 service is provided to the customer premises over fiberoptic cable. 23 b. In furtherance of such study, the department shall require cable 24 television companies operating or constructing cable television systems 25 providing service over fiberoptic cables to the customer premises, to 26 report to the department within sixty days of the effective date of this 27 act the following: 28 (i) the total number of franchises such companies have or operate 29 where service is provided to the customer premises over fiberoptic 30 cable; 31 (ii) the percentage of completion of infrastructure construction and 32 activation in each franchise such companies have or operate; 33 (iii) an analysis of such companies' franchises, broken down by region 34 of the state, county and municipality, as applicable, showing the aver- 35 age time to completion of the infrastructure buildout of each franchise, 36 or of the current status of a franchise buildout if it is not completed; 37 (iv) an analysis of such companies' franchises, broken down by census 38 tract, showing the status of buildout of such census tracts, the average 39 time to completion of the buildout in each census tract, and including 40 data on whether any or all of such census tracts are distressed census 41 tracts, as such are defined by the census bureau of the United States, 42 and whether and how the time to completion of the buildout in any such 43 distressed census tracts differs from the time to completion of buildout 44 in non-distressed census tracts; and 45 (v) an analysis of the data provided for such report by the relevant 46 cable companies, which shows any disparate buildout completion speed or 47 franchise area coverage by race, ethnicity or income demographics. 48 c. Within ninety days of the effective date of this act, the depart- 49 ment shall report the results of the study required pursuant to subdivi- 50 sion a of this section to the public service commission, the governor, 51 the temporary president of the senate, the speaker of the assembly, and 52 the chair of both the senate and assembly standing committees on corpo- 53 rations, authorities and commissions. 54 d. Within one hundred twenty days of the effective date of this act, 55 the public service commission shall open a proceeding to inquire into 56 the progress of such cable television systems as are being built, orA. 4787 3 1 have been built since 1996, which provide cable television and other 2 services to the customer premises over fiberoptic cable. Such proceeding 3 shall inquire into such factors the commission finds necessary and 4 prudent, including, but not limited to, whether, despite its economic 5 feasibility, the construction or operation of a franchised or certif- 6 icated cable television system providing service over fiberoptic cable 7 to the customer premises has been unreasonably delayed, or that the 8 extension of service to any persons or areas within the territory of a 9 cable television company providing service over fiberoptic cable to the 10 customer premises has been unreasonably withheld, and whether a remedial 11 order pursuant to the commission's powers under section 224 of the 12 public service law might be required by the public interest. 13 § 3. Severability. If any provision of this act, or the application 14 thereof to any person or circumstance, shall be adjudged by any court of 15 competent jurisdiction to be invalid or unconstitutional, such judgement 16 shall not affect, impair or invalidate the remainder thereof, but shall 17 be confined in its operation to the provision of this act, or in its 18 application to the person or circumstance, directly involved in the 19 controversy in which such judgement shall have been rendered. 20 § 4. This act shall take effect immediately.