Int. No. 1122
By Council Members Gutiérrez, Farías, Williams Narcisse, Cabán, Avilés, Ossé, Hudson, De La Rosa, Menin, Sanchez, Restler, Hanif, Nurse and Brannan
A Local Law to amend the administrative code of the city of New York, in relation to a plan for expanding home access to broadband internet
Be it enacted by the Council as follows:
Section 1. Title 23 of the administrative code of the city of New York is amended by adding a new chapter 13 to read as follows:
CHAPTER 13
PLAN FOR BROADBAND INTERNET ACCESS
§ 23-1301 Definitions. As used in this section, the following terms have the following meanings:
Department. The term “department” means the department of information technology and telecommunications.
Internet. The term “internet” means high-speed internet access that has the capability to transmit electronic data at download and upload speeds that meet the minimum speeds for broadband as required by the federal communications commission.
Network infrastructure. The term “network infrastructure” means the hardware and software that enables network connectivity and communication between users and devices on the internet.
Public assets. The term “public assets” means any property or real estate operated or controlled by the city.
§ 23-1302 Home internet expansion plan. No later than 1 year after the effective date of the local law that added this chapter, and every 5 years thereafter, the department shall develop and publish on its website a plan to make universal, affordable, and equitable internet available in homes throughout the city. The plan shall address how the city will work with current cable telecommunications franchisees operating as internet service providers, information services franchisees, additional franchisees as applicable, and other internet service providers, including nonprofit or community-based internet service providers, to facilitate the provision of low-cost home internet throughout the city, and shall prioritize access for areas that do not have at least 1 affordable home internet service option. The department shall solicit public input on proposed recommendations for updates to the plan though public hearings and solicitation of comments from stakeholders and members of the public. The plan shall take into account advances in technology and the needs of the city, and shall address, but need not be limited to, the following:
1. Establishing goals for affordable internet access in areas with the fewest affordable home internet service options for the upcoming 5-year period;
2. Developing strategies to address the gap between people who do and do not have access to affordable home internet service, and promote and invest in digital literacy, digital accessibility, and inclusion;
3. Advising the public about local security and privacy regulations that protect individual users, including where information on state and federal security and privacy regulations can be found;
4. Interagency coordination to facilitate data sharing for purposes of implementing the plan;
5. Identifying ways to work with all internet service providers that provide internet services in the city to ensure all individuals in the city have access to low-cost internet, including local non-profit internet service providers and internet service providers who are a minority-owned business enterprise or women-owned business enterprise certified in accordance with section 1304 of the charter;
6. Building out networks and network infrastructure on city buildings or property;
7. Creating incentives for the development of network infrastructure that can be used by multiple providers and encouraging shared use of network infrastructure by multiple providers;
8. Identifying areas of the city that provide opportunities for public and private investments to install, operate, and maintain network infrastructure;
9. Identifying ways that the city can use city assets to ensure network infrastructure can reach as many households as possible;
10. Optimizing and coordinating use of public assets, and establishing a way to standardize and consolidate any tracking systems for public assets used to provide internet access;
11. Providing free internet access in buildings owned or operated by the city;
12. Providing information on internet service providers to the public, including the types of internet connections, speed packages, data caps, and usage policies available, which internet service providers are available in a given location, and whether such information could be made available in the form of an online interactive map;
13. Establishing recommended standards for customer service by internet service providers, including response times for inquiries and complaint resolution procedures;
14. Establishing a process for evaluating internet service providers contracting with the city, including the types of internet connections and speed packages, service bundle options, data caps, pricing, and usage policies;
15. Estimating the funding required to implement the plan;
16. Establishing public and private grant programs to encourage private investment in network infrastructure and digital equity initiatives;
17. Establishing a process by which individuals who work on the plan can make recommendations related to implementation of the plan; and
18. Incorporating any recommendations for policies or improvements to previously published plans provided by the advisory board established by section 23-1303.
§ 23-1303 Advisory board. There shall be an internet advisory board. a. Members of the board shall be appointed as follows:
1. Three members appointed by the mayor, one of whom the mayor shall designate as chair of the board;
2. Three members appointed by the speaker of the council; and
3. One member appointed by the public advocate.
b. Members shall be individuals who have experience with or expertise on energy, technology, digital equity, or network infrastructure.
c. Members of the board shall serve without compensation and shall meet no less than once every 6 months.
d. Members of the board shall be appointed for terms of 3 years. In the event of a vacancy on the board during the term of appointment, a successor shall be chosen in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for the balance of the unexpired term.
e. The board may review plans published pursuant to section 23-1302 and make recommendations for improvements to and implementation of the plans and policy related to internet access and infrastructure needs in the city.
§ 23-1304 Reporting. No later than 1 year after the department publishes the first plan required by section 23-1302, and annually thereafter, the department shall publish on its website a report detailing its progress in implementing the plan.
§ 2. This local law takes effect immediately.
JEF
LS #10416
7/26/2024 12:10 PM