NY State Senate Bill S7028

Archive: Last Bill Status Via A2396 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.93 signed chap.723
Dec 10, 2021	delivered to governor
Jun 08, 2021	returned to assembly passed senate 3rd reading cal.1586 substituted for s7028
Jun 08, 2021	substituted by a2396a
Jun 07, 2021	ordered to third reading cal.1586 committee discharged and committed to rules
May 25, 2021	referred to energy and telecommunications

Votes

Co-Sponsors

S7028 (ACTIVE) - Details

See Assembly Version of this Bill:: A2396
Law Section:: Public Service Law
Laws Affected:: Amd §119-a, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: A8823

S7028 (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 city, town or village pursuant to a negotiated site license; relates to necessary repairs and replacement costs.

S7028 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7028

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public service law, in relation to requirements for
certain contracts for attachments to utility poles and the use of utili-
ty ducts, trenches and conduits

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make changes to the Public Service Law to
include the use of broadband internet attachments on existing utility
poles, to ensure contracts for such attachments are universal within a
given town, village or city, and to equitably and fairly distribute the
costs of pole replacements when a pole replacement is required to accom-
modate an attachment request.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends § 119-a of the public service law to

include the use of broadband internet attachments on existing utility
poles, mandate that when a contract for attachments to utility poles is
created, all such poles, ducts, trenches and conduits located within a
given village, city or town, pursuant to a negotiated site license, are
included, equitably and fairly distributing the costs of pole replace-
ments among the pole owner and the prospective attacher when a pole
replacement is required to accommodate an attachment request, and allow-
ing the pole owner to recover such incurred pole replacement costs in a
rider apart from their base rates.

Section 2 of the bill establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Changes "census tract" to "town, village or city". Adds language prohib-
iting a pole owner from shifting all pole replacements costs to a
prospective attacher as a condition of gaining accesses to the pole,
instead limiting such costs the attacher may be liable for to just the
remaining net book value of the existing pole to be replaced and any
Incremental costs the pole owner would incur by installing a new pole to
accommodate the specific request. Allows for a pole owner to recover the
costs of a pole replacement, performed in response to an attachment
request, in the form of a charge separate and apart from their base
rates.

 
JUSTIFICATION:

Across New York State, thousands of people live without reliable broad-
band internet services. Infrastructure, like telephone utility poles,
already exist in the most rural areas of the state and can be utilized
by cable companies looking to install broadband internet services to
these areas. Current business practices and regulatory conditions have
substantially increased the costs to pole attachers, particularly in
rural areas. Whereas prior to 2015 the breakeven case for a broadband
company was 4 houses per mile, post-2015 it became 7 houses per mile.
Now, with the new DoT Fee and $15 broadband mandate, the breakeven case
has become well over 25 homes per mile. This bill will help bring costs
down.
When cable companies seek to install broadband internet service, they
must obtain contracts to use space on existing utility poles. For each
utility pole a company intends to use, they must obtain an individual
contract to use space on that pole. This bill would amend the Public
Service Law by including all utility poles in a given city, town or
village under one contract. By including all poles under one contract, a
more efficient system is created for cable companies to complete the
process of installing broadband internet services. This would increase
the likelihood that cable companies will service more areas of the state
and ensure that all homes within a city, town or village receive the
same level of service. This amendment will also reduce the cost of serv-
ing homes located on low density roads.

Additionally, pole owners have often engaged in the practice of delaying
the replacement of aging utility poles until a prospective attacher
requests to attach their facilities to the pole, whereby such pole owner
will condition access to the pole on the attacher agreeing to pay all
the costs associated with replacing the pole, even in instances where
the pole has the capacity to accommodate such attachments. This practice
of unfairly shifting all the replacement costs to prospective attachers
can massively increase the cost of deploying necessary broadband infras-
tructure to underserved parts of the state, disincentivizing such
investment overall in these areas. This bill makes much needed fixes to
this practice, prohibiting this practice by pole owners and allowing for
the shifting to attachers of only those costs that are fair and equita-
ble for them to incur in connection with a pole replacement.

 
PRIOR LEGISLATIVE HISTORY:

A.8823 of 2020: Referred to Corporations, Authorities and Commissions.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

S7028 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7028
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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. 1. 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 capi-
 tal of the utility attributed to that portion of the pole, duct,  trench
 or  conduit used.  With respect to cable television AND BROADBAND INTER-
 NET attachments 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 WITH-
 IN A GIVEN VILLAGE, TOWN OR CITY, PURSUANT TO A NEGOTIATED SITE LICENSE.
   2.  IN  CONNECTION  WITH A NEW POLE ATTACHMENT, IN NO INSTANCE SHALL A
 POLE OWNER AVOID RESPONSIBILITY FOR POLE REPLACEMENT COSTS BY  UNREASON-
 ABLY  POSTPONING  REPLACEMENT  UNTIL RECEIVING A NEW ATTACHMENT REQUEST,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01209-03-1

 S. 7028                             2
 
 NOR MAY A POLE OWNER REQUIRE A REQUESTING ATTACHER  TO  PAY  THE  ENTIRE
 COST  OF  SUCH  POLE  REPLACEMENT  OR FOR BRINGING A POLE OR THIRD-PARTY
 EQUIPMENT INTO COMPLIANCE WITH CURRENT SAFETY AND CONSTRUCTION STANDARDS
 WHEN  REPLACEMENT  OR COMPLIANCE UPGRADES ARE NOT NECESSITATED SOLELY BY
 THE NEW ATTACHER.
   3. WHERE A POLE OWNER PERFORMS A POLE REPLACEMENT  TO  ACCOMMODATE  AN
 ATTACHMENT  REQUEST, THE POLE OWNER MAY NOT REQUIRE THE ATTACHER, OR ANY
 EXISTING ATTACHER, TO PAY ANY PORTION OF THE COST OF  SUCH  REPLACEMENT,
 EXCEPT  AS  PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, WHERE THERE IS
 NOT INSUFFICIENT CAPACITY,  CLEARANCE  OR  LOADING  TO  ACCOMMODATE  THE
 REQUEST.
   4.  IF  A  POLE  REPLACEMENT  IS  NECESSITATED BECAUSE OF INSUFFICIENT
 VERTICAL SPACE OR CLEARANCE TO ACCOMMODATE AN ATTACHMENT REQUEST, OR THE
 ATTACHMENT WILL EXCEED LOADING, THE REQUESTING ATTACHER  SHALL  ONLY  BE
 LIABLE  FOR  THE FOLLOWING COSTS IN CONNECTION WITH THE REPLACEMENT: (A)
 THE REMAINING NET BOOK VALUE OF THE POLE BEING REPLACED  THAT,  BUT  FOR
 THE NEW ATTACHMENT, COULD HAVE REMAINED IN SERVICE UNTIL SUCH TIME AS IT
 WAS FULLY DEPRECIATED AND/OR REACHED THE END OF ITS SERVICE LIFE OR USED
 AND  USEFUL  LIFE TO THE POLE OWNER, WHICHEVER WOULD COME FIRST; AND (B)
 THE INCREMENTAL COSTS ASSOCIATED WITH THE POLE OWNER INSTALLING  A  POLE
 BEYOND WHAT SAID OWNER WOULD HAVE INSTALLED IN ITS NORMAL COURSE OF POLE
 REPLACEMENT, IF APPLICABLE TO THE REQUEST.
   5.  WHERE  A  POLE  OWNER PERFORMS A POLE REPLACEMENT IN RESPONSE TO A
 POLE ATTACHMENT REQUEST, SUCH OWNER  MAY  APPLY  TO  THE  COMMISSION  TO
 RECOVER  SUCH REASONABLY AND PRUDENTLY INCURRED COSTS IN CONNECTION WITH
 SUCH POLE REPLACEMENT IN A CHARGE  SEPARATE  AND  APART  FROM  ITS  BASE
 RATES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S7028

Sponsored By

Archive: Last Bill Status Via A2396 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Jun 7, 2021 - Rules committee Vote

Rules Committee Vote: Jun 7, 2021

Co-Sponsors

S7028 (ACTIVE) - Details

S7028 (ACTIVE) - Summary

S7028 (ACTIVE) - Sponsor Memo

S7028 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7028

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Sponsored By

Michelle Hinchey

Archive: Last Bill Status Via A2396 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Jun 7, 2021 - Rules committee Vote

Rules Committee Vote: Jun 7, 2021

Co-Sponsors

George M. Borrello

Thomas F. O'Mara

Daniel G. Stec

S7028 (ACTIVE) - Details

S7028 (ACTIVE) - Summary

S7028 (ACTIVE) - Sponsor Memo

S7028 (ACTIVE) - Bill Text download pdf

Comments