|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 08, 2021||returned to assembly|
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|
senate Bill S7028
Current Bill Status Via A2396 - Passed Senate & Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7028 (ACTIVE) - Details
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
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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