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A02396 Summary:

COSPNSRDeStefano, Montesano, Stirpe, Barron, Jones, Kelles, Simpson
MLTSPNSRHawley, Salka, Tague
Amd §119-a, Pub Serv L
Requires contracts for cable television and broadband internet attachments to utility poles and the use of utility ducts, trenches and conduits to include all such poles, ducts, trenches and conduits located within a given city, town or village pursuant to a negotiated site license; relates to necessary repairs and replacement costs.
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A02396 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 19, 2021
        Introduced  by M. of A. WOERNER, DeSTEFANO, MONTESANO, STIRPE, BARRON --
          Multi-Sponsored by -- M. of A. HAWLEY, SALKA, TAGUE -- read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the public service law, in relation to requirements  for
          certain  contracts  for  attachments  to  utility poles and the use of
          utility ducts, trenches and conduits
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 119-a of the public service law, as added by chap-
     2  ter 703 of the laws of 1978, is amended to read as follows:
     3    § 119-a. Attachments to utility poles; use of utility ducts,  trenches
     4  and  conduits.  1.  The  commission  shall prescribe just and reasonable
     5  rates, terms and conditions for attachments to utility poles and the use
     6  of utility ducts, trenches and conduits.  A  just  and  reasonable  rate
     7  shall assure the utility of the recovery of not less than the additional
     8  cost  of  providing  a  pole  attachment  or  of using a trench, duct or
     9  conduit nor more than the actual operating expenses and return on  capi-
    10  tal  of the utility attributed to that portion of the pole, duct, trench
    11  or conduit used.  With respect to cable television and broadband  inter-
    12  net  attachments  and use, such portion shall be the percentage of total
    13  usable space on a pole or the total capacity of the duct or conduit that
    14  is occupied by the facilities of the user. Usable  space  shall  be  the
    15  space  on a utility pole above the minimum grade level which can be used
    16  for the attachment of wires and cables. With respect to cable television
    17  and broadband internet attachments and use, a contract  for  attachments
    18  to  utility  poles  and  the use of utility ducts, trenches and conduits
    19  shall include all such poles, ducts, trenches and conduits located with-
    20  in a given village, town or city, pursuant to a negotiated site license.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2396--A                          2
     1    2. In connection with a new pole attachment, in no  instance  shall  a
     2  pole  owner avoid responsibility for pole replacement costs by unreason-
     3  ably postponing replacement until receiving a  new  attachment  request,
     4  nor  may  a  pole  owner require a requesting attacher to pay the entire
     5  cost  of  such  pole  replacement  or for bringing a pole or third-party
     6  equipment into compliance with current safety and construction standards
     7  when replacement or compliance upgrades are not necessitated  solely  by
     8  the new attacher.
     9    3.  Where  a  pole owner performs a pole replacement to accommodate an
    10  attachment request, the pole owner may not require the attacher, or  any
    11  existing  attacher,  to pay any portion of the cost of such replacement,
    12  except as provided in subdivision four of this section, where  there  is
    13  not  insufficient  capacity,  clearance  or  loading  to accommodate the
    14  request.
    15    4. If a pole  replacement  is  necessitated  because  of  insufficient
    16  vertical space or clearance to accommodate an attachment request, or the
    17  attachment  will  exceed  loading, the requesting attacher shall only be
    18  liable for the following costs in connection with the  replacement:  (a)
    19  the  remaining  net  book value of the pole being replaced that, but for
    20  the new attachment, could have remained in service until such time as it
    21  was fully depreciated and/or reached the end of its service life or used
    22  and useful life to the pole owner, whichever would come first;  and  (b)
    23  the  incremental  costs associated with the pole owner installing a pole
    24  beyond what said owner would have installed in its normal course of pole
    25  replacement, if applicable to the request.
    26    5. Where a pole owner performs a pole replacement  in  response  to  a
    27  pole  attachment  request,  such  owner  may  apply to the commission to
    28  recover such reasonably and prudently incurred costs in connection  with
    29  such  pole  replacement  in  a  charge  separate and apart from its base
    30  rates.
    31    § 2. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.
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