S T A T E O F N E W Y O R K
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6181--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 9, 2011
___________
Introduced by M. of A. HOYT, BOYLAND, SPANO, MAGNARELLI, JAFFEE, MAISEL,
LUPARDO, COLTON, GALEF, GABRYSZAK, SCHROEDER, CASTRO, WEISENBERG,
MILLMAN, PERRY, ABINANTI, BENEDETTO, RUSSELL, JEFFRIES, PRETLOW, SCAR-
BOROUGH, P. RIVERA, ENGLEBRIGHT, TITONE, MARKEY, M. MILLER -- Multi-
Sponsored by -- M. of A. ABBATE, BURLING, CALHOUN, CAMARA, CASTELLI,
CERETTO, CONTE, COOK, DenDEKKER, HIKIND, LANCMAN, LATIMER, LIFTON,
MAGEE, McDONOUGH, McENENY, McKEVITT, MONTESANO, MURRAY, PAULIN,
PEOPLES-STOKES, RA, RAIA, REILLY, ROSENTHAL, SAYWARD, SIMOTAS, TENNEY,
THIELE, TITUS, ZEBROWSKI -- 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 requiring a safe-
ty 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby declares that
unsafe, inadequate or unreliable telephone and electrical utility poles
are a danger to the general public and to telecommunications and elec-
trical utility workers; that such telephone and electrical utility poles
impair the effective delivery of telecommunications services; and that
the public interest requires increased oversight of the safety and reli-
ability of jurisdictional telecommunications and electrical utility
services carried over or by above ground telephone and electrical utili-
ty lines, as such are defined in article 1 of the public service law;
and that the public interest requires a set of minimum fines to ensure
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07005-02-1
A. 6181--A 2
compliance with this statute by each telephone corporation serving over
one million subscribers and each electric corporation serving over
300,000 subscribers.
S 2. The public service law is amended by adding a new section 98-a to
read as follows:
S 98-A. SAFETY AND RELIABILITY INSPECTION. 1. THE PUBLIC SERVICE
COMMISSION SHALL, WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, REQUIRE TELEPHONE CORPORATIONS PROVIDING TELEPHONE SERVICE TO
MORE THAN ONE MILLION SUBSCRIBERS, AND ELECTRIC CORPORATIONS SERVING
OVER THREE HUNDRED THOUSAND CUSTOMERS, TO CONDUCT A STUDY OF THE SAFETY
AND RELIABILITY OF ALL TELEPHONE AND ELECTRIC POLES USED BY SUCH CORPO-
RATIONS TO PROVIDE TELEPHONE AND ELECTRIC SERVICE WITHIN THE STATE OF
NEW YORK, AND TO REPORT UPON THE FOLLOWING FACTORS:
(A) THE TOTAL NUMBER OF TELEPHONE AND ELECTRIC POLES PER COUNTY;
(B) THE NUMBER OF TELEPHONE AND ELECTRIC POLES WITHIN EACH COUNTY THAT
ARE SPLIT OR SHATTERED FOR MORE THAN FIVE PERCENT OF THE LENGTH OF SUCH
POLES;
(C) THE NUMBER OF TELEPHONE AND ELECTRIC POLES PER COUNTY THAT ARE
SEVERED OR PARTIALLY SEVERED FROM THEIR BASE;
(D) THE NUMBER OF TELEPHONE AND ELECTRIC POLES PER COUNTY THAT ARE
ATTACHED DIRECTLY TO OTHER TELEPHONE POLES ("STRAPPED") BY MEANS OTHER
THAN THE UTILITY LINES CONNECTING SUCH POLES;
(E) THE NUMBER OF STRAPPED POLES, OF WHICH EITHER OR BOTH POLES ARE
SPLIT OR SHATTERED FOR MORE THAN FIVE PERCENT OF THE LENGTH OF SUCH
POLES;
(F) ANY POLES THAT NO LONGER COMPLY WITH ANSI SAFETY STANDARD O5.1;
AND
(G) ANY TELEPHONE AND ELECTRIC POLES FROM WHICH ALL ELECTRICAL, TELE-
PHONE AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES HAVE
BEEN PREVIOUSLY REMOVED FROM THE POLES AND TO WHICH NO NEW TELEPHONE,
ELECTRICAL OR CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR AT LEAST
THIRTY DAYS.
2. TELEPHONE AND ELECTRIC POLES IDENTIFIED IN SUBDIVISIONS (B), (C),
(D), (E), (F) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
PRESUMED TO BE NO LONGER SAFE, ADEQUATE OR RELIABLE FOR TELECOMMUNI-
CATIONS AND ELECTRIC SERVICE AND AN ENDANGERMENT TO THE GENERAL PUBLIC
AND TELECOMMUNICATIONS AND ELECTRIC UTILITY WORKERS, AND SHALL BE
SUBJECT TO SUCH STANDARDS FOR REPLACEMENT OF UNSAFE POLES, OR FINES, OR
BOTH, AS MAY BE REQUIRED BY THIS SECTION.
3. THE TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY STUDY
REQUIRED BY THIS SECTION SHALL BE COMPLETED BY EACH TELEPHONE CORPO-
RATION SERVING MORE THAN ONE MILLION SUBSCRIBERS AND EACH ELECTRIC
CORPORATION SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIBERS WITHIN
ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE
TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY STUDY REQUIRED BY
THIS SECTION SHALL CONTAIN SUCH TELEPHONE AND ELECTRIC CORPORATION'S
PLAN (THE "CORRECTIVE PLAN") FOR REPLACING, WITHIN THREE HUNDRED SIXTY-
FIVE DAYS OF THE ISSUANCE OF SUCH REPORT (THE CORRECTIVE PLAN
"COMPLETION DATE"), ALL POLES SPLIT OR SHATTERED FOR MORE THAN FIVE
PERCENT OF THE LENGTH OF SUCH POLES, ALL POLES SEVERED OR PARTIALLY
SEVERED FROM THEIR BASE, ALL POLES THAT ARE STRAPPED DIRECTLY TO OTHER
TELEPHONE OR ELECTRIC POLES, ALL POLES FROM WHICH ALL ELECTRICAL, TELE-
PHONE AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES HAVE
BEEN PREVIOUSLY REMOVED FROM THE POLES AND TO WHICH NO NEW TELEPHONE,
ELECTRICAL OR CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR AT LEAST
THIRTY DAYS, (COLLECTIVELY, "UNSAFE" POLES).
A. 6181--A 3
4. UPON ITS COMPLETION, THE TELEPHONE AND ELECTRIC POLE SAFETY AND
RELIABILITY STUDY REQUIRED BY THIS SECTION SHALL BE SUBMITTED AS A
REPORT, BY EACH TELEPHONE CORPORATION SERVING MORE THAN ONE MILLION
SUBSCRIBERS AND EACH ELECTRIC CORPORATION SERVING MORE THAN THREE
HUNDRED THOUSAND SUBSCRIBERS TO THE PUBLIC SERVICE COMMISSION, THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE CHAIR OF BOTH THE SENATE AND ASSEMBLY STANDING COMMIT-
TEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS.
5. THE STUDY TO BE COMPLETED BY THE TELEPHONE AND ELECTRIC CORPO-
RATIONS SHALL INCORPORATE REPORTS OF POLES NONCOMPLIANT WITH THE FACTORS
IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION PROVIDED TO THE TELEPHONE
AND ELECTRIC CORPORATIONS BY MEMBERS OF THE GENERAL PUBLIC, TELEPHONE
CORPORATION UNIONS, AND LOCAL, MUNICIPAL, COUNTY, AND STATE GOVERNMENT
AND AGENCIES.
6. ALL TELEPHONE AND ELECTRIC POLES IDENTIFIED AS UNSAFE OR NONCOMPLI-
ANT WITH ANSI SAFETY STANDARD O5.1, IN THE CORRECTIVE PLAN REQUIRED IN
THE TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY STUDY, SHALL BE
REPLACED BY THE TELEPHONE OR THE ELECTRIC CORPORATION OWNING SUCH POLES,
WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE ISSUANCE OF SUCH REPORT.
7. REPLACEMENT OF THE POLES IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN
THE CORRECTIVE PLAN SHALL BE CONDUCTED BY PROPERLY TRAINED, EXPERIENCED
AND EQUIPPED EMPLOYEES OF EACH TELEPHONE CORPORATION SERVING OVER ONE
MILLION SUBSCRIBERS AND EACH ELECTRIC CORPORATION SERVING MORE THAN
THREE HUNDRED THOUSAND SUBSCRIBERS PREPARING THE STUDY.
8. A FINE OF ONE HUNDRED FIFTY DOLLARS PER MONTH PER UN-REPLACED POLE
SHALL BE ASSESSED AGAINST EACH TELEPHONE POLE THAT A TELEPHONE CORPO-
RATION SERVING MORE THAN ONE MILLION SUBSCRIBERS HAS IDENTIFIED AS
UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND HAS NOT REPLACED WITHIN THREE
HUNDRED SIXTY-FIVE DAYS OF THE ISSUANCE OF THE TELEPHONE AND ELECTRIC
POLE SAFETY AND RELIABILITY REPORT AND FOR EACH ELECTRIC POLE THAT AN
ELECTRIC CORPORATION SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIB-
ERS HAS IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND HAS NOT
REPLACED WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE ISSUANCE OF THE
TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY REPORT.
S 3. The public service commission shall begin, within ninety days of
the effective date of this act, a rulemaking proceeding to establish
statewide safety and reliability standards for wooden telephone and
electric poles, and to establish penalties for the violation of such
standards. Penalties for violation of established standards shall not be
less than $150 per month per un-replaced pole. The rulemaking proceeding
to establish statewide safety and reliability standards for wooden tele-
phone and electric poles and to establish penalties for the violation of
such standards shall be completed within one year of its inception.
S 4. Severability. If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this act, or in its
application to the person or circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
S 5. This act shall take effect immediately.