S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3946
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by M. of A. BRENNAN, CAHILL, PEOPLES-STOKES, RIVERA, COLTON,
         CLARK, WEPRIN -- Multi-Sponsored by -- M. of A. ABBATE,  AUBRY,  BENE-
         DETTO,  BROOK-KRASNY,  COOK, CYMBROWITZ, DINOWITZ, GALEF, GLICK, GOTT-
         FRIED, HEASTIE, HOOPER, LIFTON, ORTIZ, PAULIN, ROBINSON, ROSENTHAL  --
         read once and referred to the Committee on Governmental Operations
       AN  ACT  to  amend the state technology law, in relation to establishing
         community access networks
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The state technology law is amended by adding a new section
    2  310 to read as follows:
    3    S  310.  COMMUNITY ACCESS  NETWORKS. 1. DEFINITIONS. A. "STATE ENTITY"
    4  SHALL MEAN:
    5    (I) ANY STATE BOARD, BUREAU, DIVISION, COMMITTEE, COMMISSION, COUNCIL,
    6  DEPARTMENT, PUBLIC AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  OFFICE  OR
    7  OTHER  ENTITY  PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE
    8  STATE OF NEW YORK;
    9    (II) ALL CITIES, COUNTIES, MUNICIPALITIES, VILLAGES, TOWNS, AND  OTHER
   10  LOCAL AGENCIES; BUT SHALL NOT INCLUDE THE JUDICIARY.
   11    B.  "SPONSORED WIRELESS INFORMATION NETWORK" SHALL MEAN A STATE ENTITY
   12  SYSTEM THAT TRANSMITS PACKETIZED VOICE, VIDEO AND/OR DATA BETWEEN  USERS
   13  WITHOUT UTILIZING WIRES AS ITS SOLE MEANS OF TRANSMISSION.
   14    C. "APPROVED WIRELESS INFORMATION NETWORK" SHALL MEAN A SYSTEM:
   15    (I)  APPROVED  BY  A  STATE  ENTITY  AFTER A REQUEST FOR PROPOSALS FOR
   16  COLLOCATION ON STATE ENTITY PROPERTY; AND
   17    (II) THAT TRANSMITS PACKETIZED VOICE, VIDEO AND/OR DATA BETWEEN  USERS
   18  WITHOUT UTILIZING WIRES AS ITS SOLE MEANS OF TRANSMISSION. INSTALLATION,
   19  EQUIPMENT,  CONSTRUCTION,  OPERATING  AND  OTHER  REASONABLE COSTS TO BE
   20  DETERMINED BY THE STATE ENTITY, SHALL NOT BE INCURRED BY THE STATE ENTI-
   21  TY, PROVIDED THAT THE APPROVAL FROM THE STATE ENTITY FOR COLLOCATION  IS
   22  GRANTED  AT  NO  COST.  STATE ENTITY APPROVAL OF COLLOCATION MAY ONLY BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02308-01-5
       A. 3946                             2
    1  WITHHELD WHEN IT CAN BE SHOWN THAT SUCH COLLOCATION WOULD CAUSE UNAVOID-
    2  ABLE DAMAGE TO STATE ENTITY PROPERTY OR SECURITY. PREFERENCE FOR  COLLO-
    3  CATING EQUIPMENT SHALL FIRST BE GIVEN TO ENTITIES LISTED IN SUBPARAGRAPH
    4  (I)  OF  PARAGRAPH  A OF THIS SUBDIVISION AND THEN TO ENTITIES LISTED IN
    5  SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS SUBDIVISION.  OPERATORS  OF  AN
    6  APPROVED  INFORMATION  NETWORK  SHALL NOT EXERCISE ANY EDITORIAL CONTROL
    7  OVER ANY PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE OF  CAPACITY  PROVIDED
    8  PURSUANT  TO  THIS  SECTION, EXCEPT THAT THEY MAY REFUSE TO TRANSMIT ANY
    9  CONTENT WHICH CONTAINS OBSCENITY, INDECENCY, OR NUDITY.
   10    D. "COMMUNITY ACCESS NETWORK" SHALL MEAN  A  SYSTEM  AS  DESCRIBED  IN
   11  PARAGRAPH B OR C OF THIS SUBDIVISION WHICH IS PROVIDED AT NO COST TO THE
   12  END  USER  AND WHICH HAS AT LEAST PORTIONS THAT ARE OPEN FOR PUBLIC USE.
   13  COMMUNITY ACCESS NETWORKS SHALL:
   14    (I) EMPLOY NON-PROPRIETARY NETWORKING PROTOCOLS IN ORDER TO ALLOW  THE
   15  USE OF NON-VENDOR SPECIFIC NETWORKING EQUIPMENT;
   16    (II)  BE DESIGNED TO ALLOW ACCESS TO PUBLICLY AVAILABLE GOVERNMENT AND
   17  OTHER INFORMATION;
   18    (III) NOT IMPEDE PUBLIC SAFETY PURPOSES; AND
   19    (IV) HAVE SUFFICIENT SECURITY TO  ALLOW  THE  GOVERNMENT  TO  RESTRICT
   20  ACCESS BY ANY INDIVIDUAL OR INDIVIDUALS TEMPORARILY OR PERMANENTLY BASED
   21  ON PUBLIC SAFETY NEEDS AND THE LEGITIMATE NEEDS OF LAW ENFORCEMENT.
   22    E.  "PACKETIZED"  SHALL  MEAN  INFORMATION WHICH IS DIVIDED INTO PARTS
   23  BEFORE BEING SENT, TRANSMITTED INDIVIDUALLY, WITHOUT  THE  NECESSITY  OF
   24  BEING  SENT  SEQUENTIALLY, AND THEN RECOMPILED INTO THE ORIGINAL MESSAGE
   25  UPON ARRIVAL AT ITS DESTINATION.
   26    F. "COLLOCATION" SHALL MEAN THE  PROVISION  OF  SPACE  PERMANENTLY  OR
   27  TEMPORARILY  FOR  NON-STATE ENTITY EQUIPMENT ON THE STATE ENTITY'S PREM-
   28  ISES, EQUIPMENT, OR ON A TEMPORARY BASIS, UNUTILIZED RADIO FREQUENCIES.
   29    G. "DARK FIBER" SHALL MEAN UNUTILIZED STRANDS OF FIBER OPTIC CABLE.
   30    H. "WHOLESALE NETWORK" SHALL MEAN AN OPERATED, OWNED OR  LEASED  FIBER
   31  OPTIC  NETWORK  WHICH  IS  AVAILABLE  FOR USE TO ANY NETWORK OPERATOR TO
   32  OFFER SERVICES TO END USERS.
   33    2. CREATION OF COMMUNITY ACCESS NETWORKS AND NECESSARY REPORTS TO  THE
   34  STATE  OFFICE OF INFORMATION TECHNOLOGY SERVICES. ANY STATE ENTITY WHICH
   35  CREATES, BUILDS, MAINTAINS OR UPGRADES A GOVERNMENT SPONSORED OR GOVERN-
   36  MENT APPROVED WIRELESS INFORMATION NETWORK SHALL:
   37    A. FOLLOW BEST PRACTICES IN CREATING A  COMMUNITY  ACCESS  NETWORK  OR
   38  NETWORKS  AS  PART  OF  THEIR SPONSORED WIRELESS INFORMATION NETWORK; OR
   39  ALLOW FOR COLLOCATION OF A COMMUNITY  ACCESS  NETWORK  PROVIDED  VIA  AN
   40  APPROVED WIRELESS INFORMATION NETWORK; AND
   41    B.  REPORT  ON  THE  STATUS  OF COMMUNITY ACCESS NETWORKS TO THE STATE
   42  OFFICE FOR TECHNOLOGY NO LATER THAN JULY FIRST OF EACH YEAR.
   43    3. PROGRESS REPORT REQUIREMENT TO LEGISLATURE. ANNUALLY ON  OR  BEFORE
   44  SEPTEMBER  THIRTIETH THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES
   45  SHALL PROVIDE A REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY
   46  PRESIDENT  OF THE SENATE DETAILING NETWORKS CREATED PURSUANT TO SUBDIVI-
   47  SION TWO OF THIS SECTION.
   48    4. MUNICIPAL USE OF STATE'S DARK FIBER FOR COMMUNITY  ACCESS  NETWORK.
   49  IF ANY ENTITY IDENTIFIED IN SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVI-
   50  SION  ONE  OF THIS SECTION SENDS A STATUS REPORT INDICATING THEIR INTENT
   51  TO SPONSOR OR APPROVE THE CREATION OF A COMMUNITY ACCESS  NETWORK,  THEY
   52  SHALL  BE  GIVEN ACCESS TO DARK FIBER LEASED BY ANY ENTITY IDENTIFIED IN
   53  SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION  FREE
   54  OF  CHARGE  FOR THE PURPOSES OF CREATION OF COMMUNITY ACCESS NETWORKS OR
   55  FOR GOVERNMENT ENTITY USE.
       A. 3946                             3
    1    5. STUDY OF THE CREATION OF WHOLESALE NETWORKS. ANY ENTITY  LISTED  IN
    2  SUBPARAGRAPH  (II)  OF  PARAGRAPH  A  OF SUBDIVISION ONE OF THIS SECTION
    3  SHALL STUDY AND REPORT BY OCTOBER THIRTIETH,  TWO  THOUSAND  SIXTEEN  ON
    4  FEASIBILITY  AND  COST  OF  THE CREATION OF WHOLESALE BROADBAND NETWORKS
    5  OVER  WHICH  ANY COMPETITIVE BROADBAND PROVIDERS MAY FURNISH SERVICES TO
    6  INDIVIDUALS. ANY SUCH WHOLESALE NETWORK SHALL SHOW NO PREFERENCE TO  ANY
    7  PROVIDER,  INCLUDING  A MUNICIPAL PROVIDER. SUCH REPORT SHALL BE SENT TO
    8  THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE SPEAKER OF  THE
    9  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
   10    6.  STUDY  OF  SOCIAL  NETWORKING  APPLICATIONS AND COMMUNITY-CENTERED
   11  SERVICES. THE STATE OFFICE  OF  INFORMATION  TECHNOLOGY  SERVICES  SHALL
   12  STUDY  AND  REPORT ON JANUARY TWELFTH, TWO THOUSAND SIXTEEN ON POTENTIAL
   13  SOCIAL NETWORKING USES, APPLICATIONS  AND  COMMUNITY  CENTERED  SERVICES
   14  WHICH  COULD  BE  ENABLED  AND EXTENDED BY THE CREATION OF FREE INTERNET
   15  ACCESS. SUCH REPORT SHALL BE SENT TO THE SPEAKER OF THE ASSEMBLY AND THE
   16  TEMPORARY PRESIDENT OF THE SENATE.
   17    S 2. This act shall take effect immediately.