senate Bill S7028

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A2396 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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

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.

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