What's happening
This bill requires broadband internet providers in New York to comply with internet neutrality rules, including annual state certification and procurement requirements.
Why it matters
Establishes enforceable state net neutrality standards. The bill requires all broadband internet providers in New York to comply with rules prohibiting blocking, throttling, or paid prioritization of internet content, unless such practices are for legitimate network management or serve a significant public interest without harming internet openness.
Creates public accountability and transparency. The Public Service Commission must annually certify each provider’s compliance with neutrality rules and publish a publicly accessible report listing each provider’s certification status, increasing consumer awareness and pressure on providers.
Ties government contracts to compliance. State and local agencies, schools, libraries, and universities can only contract for internet service with providers who are certified as net neutral, except in cases of unavailability or significant financial hardship, leveraging public spending to reinforce neutrality standards.
May influence broadband market behavior and access. By adding oversight, reporting, and procurement hurdles for non-compliant providers, the bill could shape provider business practices, potentially affecting service options, pricing, and the competitive landscape in New York’s broadband market.
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Who cares
Headline styles
Require Internet Service Neutrality
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1545
2025-2026 Regular Sessions
IN SENATE
January 10, 2025
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
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 Assembly, do enact as follows:
Section 1. The article heading of article 11 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows:
PROVISIONS RELATING TO CABLE TELEVISION COMPANIES AND BROADBAND
INTERNET SERVICE PROVIDERS
§ 2. Section 212 of the public service law is amended by adding two new subdivisions 15 and 16 to read as follows:
15. "Broadband internet access 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 internet access service.
16. "Broadband internet service provider" shall mean any person, business or organization qualified to do business in this state, including municipal broadband providers, that provides individuals, corporations, or other entities with broadband internet access service.
§ 3. The section heading of section 215 of the public service law, as added by chapter 83 of the laws of 1995, is amended and a new subdivision 14 is added to read as follows:
Duties of the commission in respect to cable television companies and broadband internet service providers.
14. Develop and maintain a statewide plan for the monitoring of broadband internet service providers, including the annual certification that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04517-01-5
broadband internet service providers comply with the internet service neutrality requirements established in section two hundred thirty-one of this article.
§ 4. The state finance law is amended by adding a new section 149 to read as follows:
§ 149. Internet service neutrality requirements in certain procurement contracts. Notwithstanding any other provision of law to the contrary, where a contract that includes broadband internet access services is to be awarded by a state agency as defined in section one hundred sixty of this chapter or any state or local authority as such terms are defined in section two of public authorities law, municipal corporation as defined in section two of the general municipal law, public library or association library, as such terms are defined in section two hundred fifty-three of the education law, the legislature, judiciary, state university of New York, or city university of New York pursuant to a competitive bidding process or a request for proposal process, such competitive bidding process or request for proposal and the subsequent awarded contract shall require that such broadcast internet access services are compliant with the internet service neutrality requirements established in section two hundred thirty-one of the public service law. Provided, however, the entity awarding such contract may award such contract to any broadband internet service provider that is not certified by the public service commission pursuant to subdivision two of section two hundred thirty-one of the public service law only if such entity demonstrates to the public service commission that either (i) there are no other broadband internet service providers available to contract with, or (ii) awarding such contract to a certified broadband internet service provider would result in a significant financial hardship when compared to awarding the contract to a broadband internet service provider not certified by the public service commission.
§ 5. The public service law is amended by adding a new section 231 to read as follows:
§ 231. Internet service neutrality. 1. For purposes of this section, "network management practice" shall mean a practice that has a primarily technical network management justification, but does not include other business practices. A "reasonable network management practice" shall mean a network management practice that is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.
2. The commission shall certify annually that any broadband internet service provider qualified to do business in this state, does not:
(a) block lawful content, applications, services, or non-harmful devices, subject to reasonable network management.
(b) impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device, subject to reasonable network management.
(c) engage in paid prioritization, including, but not limited to, traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either (i) in exchange for any form of consideration from a third party, or (ii) to benefit an affiliated entity, unless the broadband internet service provider demonstrates that the practice would provide a significant public interest benefit and would not harm the open nature of the internet.
3. The commission shall annually prepare a report that lists the certification status for every broadband internet service provider qualified to do business in this state. Such report shall be published on the commission's website and updated at least annually. The commission shall notify the governor, the temporary president of the senate, and the speaker of the assembly of the publication of such report and any updates.
§ 6. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law and the state finance law, in relation to instituting internet service neutrality
Purpose or general idea of bill
To give the Public Service Commission (PSC) the authority to monitor the practices of Internet service providers and certify their compliance with net neutrality principles. The bill directs New York State, its authorities, and municipalities to not engage in procurement with inter- net service providers whose compliance with net-neutrality principles is not certified by the PSC.
Summary of provisions
Section 1: Amends the heading of article 11 of the public service law as added by chapter 83 of the laws of 1995.
Section 2: Section 212 of the public service law is amended by adding a new subdivision 15 and 16.
Section 3: Amends section heading of section 215 of the public service laws added by chapter 83 of the laws of 1995, is amended and a new subdivision 14 is added.
Section 4: The state finance law is added by adding a new section 149.
Section 5: The public service law is amended by adding a new section 231.
Section 6: Effective date.
Justification
Federal net neutrality principles have ensured that the Internet remains open with equal access for individuals, innovators and small businesses.
In the wake of the Federal Communications Commission's (FCC) December 2017 vote to undo the regulations protecting an open Internet, this bill directs the Public Service Commission {PSC) to establish a process for internet service providers (ISPs) to certify that they follow net neutrality principles. In order to make these certifications, the PSC will use federally mandated reporting requirements on net neutrality, which require ISPs publicly disclose unfair practices such as throttling or paid prioritization. Using these federally mandated reporting requirements will ensure New York State is able to adhere to net neutrality principles despite the FCC's ruling while avoiding federal preemption: Further, the bill will require that New York State agencies, public authorities, municipalities, municipal corporations and libraries only contract with ISPs certified by the PSC to follow net neutrality principles.
This measure will use New York's buying power as a large consumer of Internet services to encourage ISPs to abide by net-neutrality princi- ples.
Prior legislative history
2023-24: S2582-ENERGY & TELECOMMUNICATIONS
2021-22: S3477/A3479 - ENERGY & TELECOMMUNICATIONS
2019-20: S3663/ A2432- ENERGY & TELECOMMUNICATIONS/passed assembly
2017-18: S7183-C/A8882-C - ENERGY & TELECOMMUNICATIONS/passed assembly
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.