An Act concerning Internet access in public libraries and supplementing P.L.1972, c.186 (C.48:5A-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the "Public Library Internet Access Act."

2. The Legislature finds and declares that:

a. Access to the Internet is offered in a large number of public libraries in this State;

b. The residents of this State increasingly use the Internet as part of their daily lives as a means of obtaining news, maintaining contact with family and friends, earning a livelihood, and accessing online job postings and other employment information;

c. For many residents, the public library is the only venue where they can access the Internet due to the high cost of maintaining a computer system and Internet service in their homes; and

d. The State has a compelling interest to ensure that residents have access to the Internet as an important source of news and economic opportunity.

3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Board" means the New Jersey Board of Public Utilities or any successor agency.

"Franchise" means an initial authorization, or renewal thereof, issued by a franchising authority in accordance with the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.), whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable television system.

"Cable television company" or "CATV company" means any person or group of persons (1) who provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such cable system.

"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

"Public library" means a library that serves free of charge, all residents of an area without discrimination and receives its financial support, in whole or in part, from public funds. "Public library" does not include any special-purpose library, such as a law school, medical school, or any other school or academic library, which is organized to serve a special clientele or purpose.

"System-wide franchise" means a competitive franchise issued pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.) which authorizes a CATV company to construct or operate a cable television system in any location within this State in which the CATV company, at the time of the issuance of the system-wide franchise, either has plant or equipment in use for the provision of any consumer video, cable, or telecommunications service, including telephone service, or has proposed to place such plant or equipment into use to provide such service.

4. Notwithstanding any law, rule, regulation, or order to the contrary, a new system-wide franchise, or new franchise agreement between a cable television company and a municipality to provide cable television reception service to the municipality, or a renewal of such a franchise or agreement, issued or approved by the board after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall require any cable television company that offers Internet service to its subscribers, to provide free access to Internet service to at least one public library in each municipality served by the company in this State.

5. This act shall take effect immediately.

STATEMENT

This bill requires any cable television company ("CATV company") that offers Internet service to its subscribers to provide free Internet service to at least one public library in each municipality served by the company. The free Internet service requirement would take effect as part of any new system-wide franchise or municipal franchise agreement, or renewal of such franchise or agreement, that is issued or approved by the Board of Public Utilities after the effective date of this bill.

The Internet is an important source of news, social interaction, and employment opportunities for the public, many of whom are unable to afford the high cost of maintaining a computer system and Internet access in their homes. By requiring CATV companies to offer free Internet service to public libraries, many members of the public who are currently unable to access the Internet due to difficult economic circumstances will have a convenient, low-cost means of making use of the benefits and opportunities provided by the Internet.