Requires a safety and reliability inspection of all telephone poles used by telephone corporations providing telephone service to more than one million subscribers and the replacement or removal of deficient poles.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8762
SPONSOR: Abinanti TITLE OF BILL: An act to amend the public service law, in relation to
requiring a safety and reliability inspection of all telephone poles
used by telephone corporations providing telephone service to more than
one million subscribers and requiring a safety and reliability
inspection of all utility poles used by electric corporations providing
electric service to over 300,000 customers and the replacement or
removal of deficient poles
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure telephone corporations that
service more than one million subscribers and electric corporations
serving over 300,000. customers conduct a study and implement a plan of
action to remove the growing number of old unsafe telephone and electric
poles in communities throughout the state.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill declares that unsafe, inadequate or unreliable
telephone and electrical utility poles are a danger to the general
public and utility workers and impair the delivery of effective telecom-
munication services. Therefore public interest requires a set of mini-
mum fines to ensure the compliance with this statue by each telephone
corporation serving over one million subscribers and each electric
corporation serving over 300,000 subscribers.
Section 2 amends the public service law by adding a new section 98-a
that:
1. Directs the Public Service Commission (PSC) to require telephone
corporations providing telephone service to more than one million
subscribers and electric corporations serving over 300,000 customers to
conduct a safety and reliability study of all telephone and electric
poles used by such corporations to provide telephone and electric
service with the state, and to report by each county:
a. the total number of telephone and electric poles;
b. the number of poles that are split or shattered for more than five
percent of the length of such poles;
c. the number of poles that are severed or partially severed from their
base;
d. the number of poles "strapped" to other poles by means other than the
utility lines connecting such poles;
e. the number of strapped poles which are shattered for more than five
percent of the length of such poles;
f. any poles that no longer comply with ANSI safety standard 05.1; and
g. any poles that do not have telephone cable or electrical equipment or
lines attached to it for at least 30 days.
2. Presumes the telephone and electric poles so identified are no longer
safe, adequate or reliable and an endangerment to the general public and
telecommunications and electric utility workers, and subject to stand-
ards for replacement as set forth in this section.
3. Requires the study to be completed within 120 days of the effective
date of this section and include a corrective plan for replacing, within
365 days of the issuance of the report, all poles presumed no longer
safe.
4. Requires the completed study be submitted to the public service
commission, the governor, the temporary president of the senate, the
speaker of the assembly and the standing chair of the assembly and
senate committee on corporations, authorities and commissions.
5. Requires poles identified as unsafe or non-compliant to be replaced
by the telephone or electric corporation owning such poles, by properly
trained staff, within 365 days of the issuance of the report.
6. Provides for fines of $150 per month per unreplaced pole to be
assessed against each telephone and electric pole that a telephone
corporation or an electric corporation has not replaced as required
within 365 days of the issuance of the report.
Section 3 directs the PSC to begin a rule making proceeding, within 90
days of the effective date of the act, to effectuate the provisions of
the bill and to complete rule making proceeding within one year of its
inception.
Section 4 is a severability provision.
Section 5 is the effective date.
JUSTIFICATION:
This bill would require the Public Service Commission to initiate rule-
making to establish mandatory minimum fines for unsafe double pole
conditions; an inventory and study of double pole conditions by tele-
phone corporations serving over 1 million subscribers and electric
corporations serving over 300,000 customers; and timely removal by prop-
erly trained and experienced telephone and electric utility workers of
double pole conditions.
Aging or damaged telephone and electric poles pose a threat to public
and utility worker safety and must be replaced. When wiring is trans-
ferred to new poles the old telephone or electric pole must be removed
to protect public and worker safety. When the old telephone or electric
pole is not removed, it creates an unsafe and unsightly "double" pole
condition. Currently, there are many thousands of aging "double" tele-
phone and electric poles littering the state. Many double telephone and
electric poles have been in place for years despite complaints by muni-
cipalities, residents and the telephone workers union. Double poles are
found on both public and private property.
The PSC commenced a proceeding on double poles in June of 2008 (Case
08-M0593). The PSC proceeding initiated on double pole conditions has
not produced either a remedy or an inventory of double pole conditions.
As the Public Service Commission's proceeding has continued, many more
double poles have been created throughout the State and the telephone
corporations and electric companies subject to this bill have failed to
remove the old poles.
Aging and damaged utility poles are at risk of toppling over or falling.
Utility workers are Unable to safely climb double poles therefore
network operations are impaired. Property values are impaired by double
poles. Telephone and electric poles are also filled with wood preserva-
tives that may leach into the ground, potentially damaging environmental
quality and public health.
These telephone corporations and electric corporations should not be
allowed to create these unsafe and unsightly conditions. An inventory of
existing conditions, mandatory minimum fines, and requirements for time-
ly removal of double poles conditions are needed to remedy the problem.
LEGISLATIVE HISTORY:
2011-12 A.6181A - Referred to ways and means
2010-11 A.10577 - Referred to corporations, authorities and commissions
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
