STATE OF NEW YORK ________________________________________________________________________ 6318--A Cal. No. 1519 2023-2024 Regular Sessions IN SENATE April 13, 2023 ___________ Introduced by Sens. HINCHEY, MAY, MYRIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Energy and Telecommunications -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third read- ing, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public service law, in relation to directing the public service commission to review cellular services within the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "cellular 2 mapping act of 2023". 3 § 2. The public service law is amended by adding a new section 91-b to 4 read as follows: 5 § 91-b. Cellular services. 1. For the purposes of this section: 6 (a) The term "served for calling" means any location with at least two 7 cellular service providers and/or at least one such provider has a call 8 completion rate of greater than ninety percent. 9 (b) The term "underserved" means any location which has fewer than two 10 cellular service providers, or such providers have a call completion 11 rate greater than thirty percent, but less than ninety percent. 12 (c) The term "unserved" means any location which has no cellular 13 service providers or such providers have a call completion rate of less 14 than thirty percent. 15 (d) The term "excellent cellular coverage" shall mean cellular service 16 of at least 25 megabits per second (mbps) download speeds. 17 (e) The term "adequate cellular coverage" shall mean cellular service 18 of at least 5 mbps but less than 25 mbps download speeds. 19 (f) The term "poor cellular coverage" shall mean cellular service of 20 fewer than 5 mbps download speed. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10656-04-3
S. 6318--A 2 1 (g) The term "no cellular coverage" shall mean cellular service where 2 greater than fifty percent of speed tests fail to complete. 3 (h) The term "location" shall mean a geographic area smaller than a 4 census tract. 5 (i) The term "cellular service provider" shall mean any person, busi- 6 ness or organization qualified to do business in this state that 7 provides individuals, corporations, or other entities with the ability 8 to make wireless telephone calls and connect to the internet. 9 2. The commission shall study the availability, affordability and 10 reliability of cellular services in New York state. The commission 11 shall: 12 (a) review and appropriately consider the results of the federal 13 communications commission broadband data task force's newly updated 14 national broadband map, and any future data, on the availability of 15 wireless broadband service in New York state; 16 (b) assess the efficacy and make recommendations regarding levels of 17 competition among providers, as well as any regulatory and statutory 18 barriers, in order to deliver comprehensive statewide access to excel- 19 lent cellular coverage; 20 (c) review available technology to identify solutions that best 21 support cellular service in underserved or unserved areas, and make 22 recommendations on ensuring deployment of such technology in underserved 23 and unserved areas; 24 (d) identify locations where insufficient access to excellent cellular 25 coverage is causing negative social or economic impact on the community, 26 which shall include but not be limited to: the incurment of extraneous 27 business expenses, the lack of remote educational opportunities, resi- 28 dents being unable to place calls and/or send text messages in emergency 29 situations and barriers to the proper provision of police, fire and 30 emergency medical services; 31 (e) examine any other telecommunications deficiencies affecting excel- 32 lent cellular service it deems necessary to further the economic and 33 social goals of the state; 34 (f) produce, maintain and publish on its website, a detailed cellular 35 service access map of the state, indicating access to cellular service 36 by location. Such map shall include, but not be limited to, the follow- 37 ing information for each location: 38 (i) call completion rates and download speeds advertised and experi- 39 enced; 40 (ii) the consistency and reliability of call completion rates and 41 download speeds including latency; 42 (iii) the number of cellular service providers available, the price of 43 cellular service available; and 44 (iv) any other factors the commission may deem relevant; and 45 (g) provide the opportunity for consumers to challenge the results of 46 the call completion rates and speed tests at each location. 47 3. The commission shall submit a report of its findings and recommen- 48 dations from the study required in subdivision two of this section, to 49 the governor, the temporary president of the senate and the speaker of 50 the assembly no later than one year after the effective date of this 51 section, and an updated report annually thereafter. Such report shall 52 include, but not be limited to, the following: 53 (a) the overall number of residences with access to excellent cellular 54 coverage, adequate cellular coverage, poor cellular coverage and no 55 cellular coverage and identifying which areas are served, unserved and 56 underserved for calling;
S. 6318--A 3 1 (b) a regional survey of cellular service prices in comparison to 2 county-level median income; 3 (c) an analysis of the affordability of excellent cellular coverage in 4 New York state; 5 (d) any relevant usage statistics; 6 (e) any other metrics or analyses the commission deems necessary in 7 order to assess the availability, affordability and reliability of 8 cellular service in New York state; and 9 (f) the map maintained pursuant to paragraph (f) of subdivision two of 10 this section. 11 4. The commission shall hold at least four regional public hearings 12 within one year of the effective date of this section, to solicit input 13 from the public and other stakeholders including but not limited to 14 cellular service providers, telecommunications concerns, labor organiza- 15 tions, public safety organizations, healthcare, education, agricultural 16 and other businesses or organizations. 17 5. The commission shall examine the labor demand of the wireless 18 construction workforce needed to achieve excellent cellular coverage 19 statewide. 20 6. The commission shall work with cellular service providers in the 21 state to prioritize access to excellent cellular coverage services for 22 the communities determined to have experienced negative economic and 23 social impacts due to absent, insufficient, or inadequate cellular 24 service pursuant to subdivision one of this section. 25 7. To effectuate the purposes of this section, the commission may 26 request and shall receive from any department, division, board, bureau, 27 commission or other agency of the state or any state public authority 28 such assistance, information and data as will enable the commission to 29 carry out its powers and duties under this section. 30 8. To ensure the compliance of cellular service providers with the 31 recommendations of the commission, the division of consumer protection 32 shall assist the commission. 33 § 3. This act shall take effect on the thirtieth day after it shall 34 have become a law.