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 Assem- bly, do enact as follows: 1 Section 1. The economic development law is amended by adding a new 2 article 23 to read as follows: 3 ARTICLE 23 4 BROADBAND MAPPING PROGRAM 5 Section 450. Broadband mapping program. 6 § 450. Broadband mapping program. 1. Definitions. For purposes of 7 this article, the following terms shall have the following meanings: 8 (a) "Broadband provider" means a provider of fixed or mobile broadband 9 internet access service and includes any entity required to provide the 10 federal government with information on Federal Communications Commission 11 form 477 or as part of the federal digital opportunity data collection 12 program or a provider of satellite-based broadband internet access 13 service that has been designated as an eligible telecommunications 14 carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York. 15 (b) "Chief advisor" means the broadband program office assistant vice- 16 president of innovation and broadband. 17 (c) "Map" means the statewide broadband availability map developed and 18 maintained pursuant to this article. 19 2. The empire state development corporation shall, in coordination 20 with the chief advisor, develop a statewide broadband availability map 21 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
S. 924 2 1 able in service territories in New York. The empire state development 2 corporation and the chief advisor shall provide the initial map by July 3 first, two thousand twenty-six, or as soon as practicable, and shall 4 update the map at least annually. 5 3. Broadband providers shall be required to submit updated service 6 territory data to the empire state development corporation annually. The 7 empire state development corporation shall establish a process, time- 8 line, and specific data requirements for broadband providers to submit 9 their data. All public bodies shall cooperate with the empire state 10 development corporation, or any agent thereof, to furnish data requested 11 by the agency for the initial improvement and maintenance of the map. 12 4. The empire state development corporation shall not require broad- 13 band providers to submit any data, in substantive content or form or 14 schedule, beyond or in advance of that which the provider is required to 15 submit to the Federal Communications Commission pursuant to the federal 16 broadband deployment accuracy and technological availability act, 47 17 U.S.C. § 641 et. seq., provided, however, that satellite-based broadband 18 providers that have been designated as an eligible telecommunications 19 carrier pursuant to 47 U.S.C. § 214(e)(6) for any portion of New York 20 shall be required to submit comparable data as other broadband provid- 21 ers. Public bodies and broadband providers shall not be required to 22 submit any customer information, such as names, addresses, or account 23 numbers. 24 5. The empire state development corporation may publish only anonym- 25 ized versions of the map, showing locations served and unserved by 26 broadband without reference to any specific provider. The map shall not 27 include information regarding ownership or control over the network or 28 networks providing service. The empire state development corporation 29 shall establish a process for broadband providers to petition the agency 30 to correct inaccuracies in the map. 31 6. Maps published by the empire state development corporation pursuant 32 to this section may be considered, but shall not be considered conclu- 33 sive, for purposes of determining eligibility for funding for New York's 34 broadband expansion grant or loan programs, including the new NY broad- 35 band program or challenges thereto. 36 7. The empire state development corporation: (a) may contract with 37 private parties to make the necessary improvements to the existing map 38 and to maintain the map. Such private parties may include any entities 39 and individuals selected by the agency to assist the agency in improving 40 and maintaining such a map; (b) shall consult existing broadband maps, 41 particularly those published by the Federal Communications Commission; 42 and (c) may acquire existing, privately held data or mapping information 43 that may contribute to the accuracy of the map. 44 8. Information submitted by a broadband provider in connection with 45 this section shall be excluded from the public disclosure requirements 46 of article six of the public officers law. Information submitted by the 47 a broadband provider pursuant to this section shall be used solely for 48 the purposes stated under this section and shall not be released by the 49 empire state development corporation, or any other public records custo- 50 dian, without the express written permission of the submitting broadband 51 provider. 52 9. The empire state development corporation shall annually evaluate 53 federal mapping data and shall waive the requirement for broadband 54 providers to submit territory data if a map of near identical or greater 55 quality is made publicly available by the Federal Communications Commis-
S. 924 3 1 sion as part of the federal digital opportunity data collection program 2 or its successor. This waiver shall not be unreasonably withheld. 3 § 2. This act shall take effect on the ninetieth day after it shall 4 have become a law.