The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2396--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01209-02-1

 A. 2396--A                          2
 
   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,
 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.