What's happening
This bill requires the Empire State Development Corporation to create and maintain a public broadband coverage map using provider-submitted data, updated at least annually.
Why it matters
Improves transparency and planning for broadband expansion. By requiring annual, provider-submitted data and creating a public map, this bill offers a clearer picture of which areas in New York are underserved, helping policymakers, local governments, and communities better target investments and advocacy for improved internet access.
Protects sensitive provider information. The bill mandates that only anonymized, non-customer-specific data will be published, and exempts provider-submitted data from public records laws, addressing industry concerns about exposing proprietary or competitive information.
Limits burdens on providers and public bodies. Providers only have to submit data they are already required to submit to the FCC (unless a comparable federal map becomes available), reducing duplicative reporting and ensuring that compliance is not overly onerous for small or rural providers.
Establishes a process for accuracy and adaptability. The bill creates a mechanism for providers to petition for map corrections, allows for use of private contractors and existing data sources to improve mapping, and includes an annual review to avoid unnecessary data collection if federal maps become sufficient, ensuring the process remains relevant and accurate over time.
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Who cares
Empire State Development and the broadband program office
They would develop a statewide map showing broadband coverage and maximum available speeds by July 1, 2026, or as soon as practicable, and update it at least annually.
Fixed, mobile and eligible satellite broadband providers
They would submit annual service territory data, subject to federal reporting limits and a waiver tied to federal map quality, with submissions protected from public disclosure.
Local governments and other public bodies
They would have to furnish requested data to help develop and maintain the map, but would not have to submit customer information.
Applicants for state broadband expansion grants and loans
The map could inform funding eligibility decisions and challenges, but could not serve as conclusive evidence.
Headline styles
Map and Expand Broadband
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to internet and technology
- Referred to internet and technology
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
924
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. OBERACKER, ASHBY, BORRELLO, GALLIVAN, RHOADS -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology
AN ACT to amend the economic development law, in relation to directing the empire state development corporation to publish and maintain a map reflecting the aggregation of information broadband providers are submitting in the ongoing FCC mapping proceeding
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The economic development law is amended by adding a new article 23 to read as follows:
ARTICLE 23
BROADBAND MAPPING PROGRAM Section 450. Broadband mapping program.
§ 450. Broadband mapping program. 1. Definitions. For purposes of this article, the following terms shall have the following meanings:
(a) "Broadband provider" means a provider of fixed or mobile broadband internet access service and includes any entity required to provide the federal government with information on Federal Communications Commission form 477 or as part of the federal digital opportunity data collection program or a provider of satellite-based broadband internet access service that has been designated as an eligible telecommunications carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York.
(b) "Chief advisor" means the broadband program office assistant vicepresident of innovation and broadband.
(c) "Map" means the statewide broadband availability map developed and maintained pursuant to this article.
2. The empire state development corporation shall, in coordination with the chief advisor, develop a statewide broadband availability map indicating broadband coverage, including maximum broadband speeds avail-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01851-01-5
able in service territories in New York. The empire state development corporation and the chief advisor shall provide the initial map by July first, two thousand twenty-six, or as soon as practicable, and shall update the map at least annually.
3. Broadband providers shall be required to submit updated service territory data to the empire state development corporation annually. The empire state development corporation shall establish a process, timeline, and specific data requirements for broadband providers to submit their data. All public bodies shall cooperate with the empire state development corporation, or any agent thereof, to furnish data requested by the agency for the initial improvement and maintenance of the map.
4. The empire state development corporation shall not require broadband providers to submit any data, in substantive content or form or schedule, beyond or in advance of that which the provider is required to submit to the Federal Communications Commission pursuant to the federal broadband deployment accuracy and technological availability act, 47 U.S.C. § 641 et. seq., provided, however, that satellite-based broadband providers that have been designated as an eligible telecommunications carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York shall be required to submit comparable data as other broadband providers. Public bodies and broadband providers shall not be required to submit any customer information, such as names, addresses, or account numbers.
5. The empire state development corporation may publish only anonymized versions of the map, showing locations served and unserved by broadband without reference to any specific provider. The map shall not include information regarding ownership or control over the network or networks providing service. The empire state development corporation shall establish a process for broadband providers to petition the agency to correct inaccuracies in the map.
6. Maps published by the empire state development corporation pursuant to this section may be considered, but shall not be considered conclusive, for purposes of determining eligibility for funding for New York's broadband expansion grant or loan programs, including the new NY broadband program or challenges thereto.
7. The empire state development corporation: (a) may contract with private parties to make the necessary improvements to the existing map and to maintain the map. Such private parties may include any entities and individuals selected by the agency to assist the agency in improving and maintaining such a map; (b) shall consult existing broadband maps, particularly those published by the Federal Communications Commission; and (c) may acquire existing, privately held data or mapping information that may contribute to the accuracy of the map.
8. Information submitted by a broadband provider in connection with this section shall be excluded from the public disclosure requirements of article six of the public officers law. Information submitted by the a broadband provider pursuant to this section shall be used solely for the purposes stated under this section and shall not be released by the empire state development corporation, or any other public records custodian, without the express written permission of the submitting broadband provider.
9. The empire state development corporation shall annually evaluate federal mapping data and shall waive the requirement for broadband providers to submit territory data if a map of near identical or greater quality is made publicly available by the Federal Communications Commission as part of the federal digital opportunity data collection program or its successor. This waiver shall not be unreasonably withheld.
§ 2. This act shall take effect on the ninetieth 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 economic development law, in relation to directing the empire state development corporation to publish and maintain a map reflecting the aggregation of information broadband providers are submitting in the ongoing FCC mapping proceeding
Purpose
This bill will allow ESDC to work with the Federal Government to once and for all accurately map areas of broadband deficiency so underserved or unserved areas can be addressed
Summary of provisions
Section 1: Defines key terms relating to the Broadband mapping program
Section 2. Authorizes and directs ESDC to develop a statewide broadband map, requires service providers to cooperate and submit data, directs compliance with efforts by the FCC, allows for ESDC to contract with private entities if needed and requires annual evaluation and updating by ESDC
Section 3. Sets forth the effective date
Justification
After the veto of mapping legislation, this proposal charts a new course. It is clear that current broadband mapping data is incorrect and insufficient. The FCC has an ongoing proceeding to make certain states have mapping data that is both uniform and granular. An order is expected on this later this year. This is a process that the industry has been supportive of and could have very positive impacts for rural underserved areas in New York State. This legislation is intended to be a road map to prepare New York to fully and effectively implement the forthcoming FCC order. The enactment of this bill will make our state first out of the gate to ensure accurate mapping when the FCC acts.
Legislative history
S.4987 of 2023-2024
S.5626 of 2021-2022
Fiscal implications
To be determined
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.