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Assembly Bill A8823

2019-2020 Legislative Session

Relates to requirements for certain contracts for attachments to utility poles and the use of utility ducts, trenches and conduits

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Archive: Last Bill Status - In Assembly Committee

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2019-A8823 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd §119-a, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:
A2396

2019-A8823 (ACTIVE) - Summary

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 census tract.

2019-A8823 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8823
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 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:
 
   Section  1. Section 119-a of the public service law, as added by chap-
 ter 703 of the laws of 1978, is amended to read as follows:
   § 119-a. Attachments to utility poles; use of utility ducts,  trenches
 and  conduits. The commission shall prescribe just and reasonable rates,
 terms and conditions for attachments to utility poles  and  the  use  of
 utility  ducts,  trenches and conduits. A just and reasonable rate shall
 assure the utility of the recovery of not less than the additional  cost
 of providing a pole attachment or of using a trench, duct or conduit nor
 more  than  the  actual  operating expenses and return on capital of the
 utility attributed to that portion of the pole, duct, trench or  conduit
 used.    With respect to cable television AND BROADBAND INTERNET attach-
 ments and use, such portion shall be  the  percentage  of  total  usable
 space  on  a  pole  or the total capacity of the duct or conduit that is
 occupied by the facilities of the user. Usable space shall be the  space
 on  a  utility  pole above the minimum grade level which can be used for
 the attachment of wires and cables. WITH RESPECT TO CABLE TELEVISION AND
 BROADBAND INTERNET ATTACHMENTS AND USE, A CONTRACT  FOR  ATTACHMENTS  TO
 UTILITY  POLES AND THE USE OF UTILITY DUCTS, TRENCHES AND CONDUITS SHALL
 INCLUDE ALL SUCH POLES, DUCTS, TRENCHES AND CONDUITS  LOCATED  WITHIN  A
 GIVEN CENSUS TRACT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13892-02-9

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