BILL NUMBER: S7601
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public service law, in relation to broadband service
in multi-family housing
 
PURPOSE OR GENERAL IDEA OF BILL:
To remove an obstacle to municipal broadband service being installed in
the homes of renters, thereby increasing access to broadband services
where there is otherwise a lack of access.
 
SUMMARY OF PROVISIONS:
Sec. 1 - amends section 228 of the public service law to provide that a
municipal broadband service may, upon a renter's request, enter the
premises of a renter to install broadband facilities without having to
first obtain the landlord's permission;
Sec. 2 - effective date
 
JUSTIFICATION:
Municipal broadband refers to high-speed internet services that are
owned, operated, or provided by local governments or municipalities.
Many rural areas have faced challenges with inadequate internet access,
resulting in residents dealing with slow, unreliable of nonexistent
internet connections. In response, municipalities can initiate a munici-
pal broadband service to provide internet access to residents and busi-
nesses and other institutions within their jurisdiction. Across the
country, there are nearly 450 active municipal broadband networks.
One of the most challenging aspects of broadband deployment in rural
areas has been negotiations with landlords to install new service. A
major hurdle is gaining access to properties for serving renters. Incum-
bent cable companies such as Spectrum and Charter enjoy certain
protections under NY State law (Public Service Law Section 228), which
exempts them from needing a landlord's permission to install services
for tenants. Municipal ISPs, who do not have television/cable offerings,
are not able to take advantage of these same protections. While FCC
regulations prohibit property owners from enforcing a single service
provider on tenants, they do not mandate access to ISPs that are not
also cable TV providers, leaving renters with limited choices.
There are many benefits of municipal broadband services. Municipal
broadband may address the issue of limited internet access, especially
in rural and low-income areas where private 1SPs have been reluctant to
invest. There is also the potential for more competitive pricing, higher
quality services, and increased customer satisfaction as compared to
traditional ISPs. Expanded internet access through municipal broadband
can have benefits beyond providing internet access, such as fostering
economic development, improving access to education and healthcare, and
bridging the digital divide. This bill would allow, if requested by a
renter, a municipal broadband service to enter the premises of the
renter to install broadband facilities without having to obtain the
landlord's permission, just as cable television installers can already
do under existing law
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPACT:
None.
 
EFFECTIVE DATE:
Immediately,

Statutes affected:
S7601: 228 public service law