The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10281

                          I N  A S S E M B L Y

                             April 10, 2018
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

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
compliance with this statute by each telephone corporation serving  over
one  million  subscribers  and  each  electric  corporation serving over
300,000 subscribers.
  § 2. The public service law is amended by adding a new section 98-a to
read as follows:
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15143-01-8

A. 10281                            2

  (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  PARAGRAPHS  (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).
  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

A. 10281                            3

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 UNREPLACED 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.
  § 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 unreplaced 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.
  §  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.
  § 5. This act shall take effect immediately.