* § 16-gg. Division of Broadband Access. 1. Statement of Legislative\nfindings and purpose. The legislature hereby finds and declares that:\naccess to high-speed, reliable, and affordable broadband is essential\nfor education, economic growth, and full participation in civic life;\nthe persistence of the digital divide is a key barrier to improving the\ngeneral welfare; the digital divide disproportionately affects\ncommunities of color, lower-income areas, rural areas, and other\nvulnerable populations, and the benefits of broadband access should be\navailable to all; a robust and competitive internet marketplace in New\nYork supports general economic development and benefits New Yorkers with\nimproved internet service and affordability; the state has a\nresponsibility to assist in ending the digital divide, supporting a more\nrobust and competitive internet marketplace, and carrying out other\nactions to ensure universal access to high-speed, reliable, and\naffordable broadband.\n 2. Definitions. The following definitions shall apply throughout this\nsection unless the context clearly requires otherwise:\n (a) "Advisory committee" or "committee" shall mean the broadband\ndevelopment advisory committee created by this section.\n (b) "Broadband", "broadband service", or "broadband internet" means a\nmass-market retail service by wire or radio that provides the capability\nto transmit data to and receive data from all or substantially all\ninternet endpoints, including any capabilities that are incidental to\nand enable the operation of the communications service, but excluding\ndial-up internet access service.\n (c) "Commissioner" shall mean the commissioner of economic\ndevelopment.\n (d) "Director" shall mean the director of the division of broadband\naccess.\n (e) "Division" means the division of broadband access created by this\nsection.\n (f) "Unserved location" means a broadband-serviceable location, as\ndetermined by the division, that has no access to broadband service or\nlacks access to reliable broadband service at 25 megabits per second for\ndownloads and 3 megabits per second upload speed.\n (g) "Underserved location" means a broadband-serviceable location, as\ndetermined by the division, that only has access to broadband service of\nat least 25 megabits per second but less than 100 megabits per second\ndownload speed and at least 3 megabits per second but less than 20\nmegabits per second upload speed.\n (h) Should the division determine that the definitions under\nparagraphs (f) and (g) of this subdivision concerning download and\nupload speeds be outdated as a result of advancements in broadband\ntechnological capabilities or standards, such download and upload speeds\nestablished under this section shall be superseded by guidelines, rules,\nor regulations established by the division; provided that the download\nand upload speeds included in the definitions shall not be reduced.\n 3. Division of broadband access; director; employees. There is hereby\ncreated within the department of economic development a division of\nbroadband access. The head of such office shall hold the title of\ndirector and be appointed by the commissioner, and shall hold office at\nthe pleasure of the commissioner.\n 4. Powers and duties of the division of broadband development. The\ndivision shall have the power to:\n (a) Coordinate the activities of all state agencies performing\nfunctions affecting access to high-speed, reliable, and affordable\nbroadband.\n (b) Conduct research and analyses of matters affecting access to\nhigh-speed, reliable, and affordable broadband.\n (c) Advise and make recommendations to the commissioner on matters\naffecting access to high-speed, reliable, and affordable broadband.\n (d) Provide advisory assistance to municipalities, state and local\nauthorities, and other entities to expand access to high-speed,\nreliable, and affordable broadband.\n (e) Establish and implement programs, includ
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