S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6997--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced   by  Sens.  C. RYAN,  BAILEY,  BASKIN,  GALLIVAN,  HARCKHAM,
   HINCHEY, JACKSON, MARTINEZ, MATTERA, MAYER, MURRAY,  PALUMBO,  RHOADS,
   S. RYAN,  SALAZAR,  SCARCELLA-SPANTON, SKOUFIS, STAVISKY -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Energy and  Telecommunications  --  reported  favorably  from  said
   committee  and  committed  to  the  Committee  on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service law and the general municipal law, in
   relation to enforcement of pole attachment safety and quality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 119-e to read as follows:
   § 119-E.  UTILITY  POLE  AND  ATTACHMENT  IDENTIFICATION.  1.  (A)  IN
 CONNECTION  TO A NEW POLE ATTACHMENT, OR DURING THE MODIFICATION, REPAIR
 OR INSPECTION OF A POLE OR POLE ATTACHMENT, ALL UTILITY POLE OWNERS  AND
 ATTACHERS SHALL BE REQUIRED TO SUBMIT INFORMATION THAT ALLOWS INSPECTORS
 TO ENSURE PHYSICAL IDENTIFICATION OF EACH INDIVIDUAL ATTACHER'S AND POLE
 OWNER'S  EQUIPMENT.  SUCH INFORMATION SHALL INCLUDE THE (I) TELECOMMUNI-
 CATIONS OR CABLE COMPANY THAT OWNS THE EQUIPMENT ATTACHED TO  THE  POLE,
 (II)  CONTRACTOR  OR  SUBCONTRACTOR  RESPONSIBLE FOR COMPLETING THE POLE
 ATTACHMENT  WORK,  (III)  DATE  OF  WORK  COMMENCEMENT   AND   ESTIMATED
 COMPLETION,  AND  (IV) ANY OTHER INFORMATION THE COMMISSION DEEMS NECES-
 SARY TO ALLOW INSPECTORS TO ENSURE PHYSICAL IDENTIFICATION OF  OWNERSHIP
 RELATING  TO  POLE ATTACHMENTS ON A UTILITY POLE. SUCH INFORMATION SHALL
 ALSO BE SUBMITTED ELECTRONICALLY TO THE COMMISSION AND KEPT IN AN  ELEC-
 TRONIC DATABASE PURSUANT TO THE REQUIREMENTS LISTED WITHIN PARAGRAPH (B)
 OF THIS SUBDIVISION.
   (B)  THE  COMMISSION  SHALL KEEP A RECORD OF ALL INFORMATION SUBMITTED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11374-03-5
              

 S. 6997--A                          2
 
   (C) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO PROVIDE A
 UNIFORM FORMAT AND FORM FOR COMPLYING WITH PARAGRAPHS  (A)  AND  (B)  OF
 THIS SUBDIVISION.
   2. (A) THE COMMISSION SHALL CREATE AN ELECTRONIC COMPLAINT FORM, POST-
 ED TO THE COMMISSION'S WEBSITE, TO ALLOW MEMBERS OF THE PUBLIC AND TELE-
 COMMUNICATIONS  WORKERS  TO REPORT THE FOLLOWING ALLEGED VIOLATIONS: (I)
 TELECOMMUNICATIONS EQUIPMENT MOVED IN VIOLATION OF APPLICABLE  LAWS  AND
 REGULATIONS  INCLUDING BUT NOT LIMITED TO REGULATIONS ESTABLISHED BY THE
 COMMISSION RELATED TO POLE ATTACHMENTS AND THE USE  OF  ONE  TOUCH  MAKE
 READY,  (II) AN ATTACHMENT THAT DOES NOT MEET INDUSTRY STANDARDS INCLUD-
 ING BUT NOT LIMITED TO THE NATIONAL ELECTRICAL SAFETY  CODE  (NESC)  AND
 TELCORDIA  STANDARDS,  (III) AN UNSAFE ATTACHMENT, TELECOMMUNICATIONS OR
 ELECTRICAL EQUIPMENT, OR A POLE THAT PRESENTS A SAFETY HAZARD, AND  (IV)
 ANYTHING  ELSE THE COMMISSION DEEMS NECESSARY TO PROTECT WORKERS AND THE
 PUBLIC AND ENSURE SAFE POLE ATTACHMENT WORK.
   (B) THE COMPLAINT FORM SHALL INCLUDE, AT MINIMUM,  (I)  THE  DATE  AND
 TIME OF THE COMPLAINT, (II) THE LOCATION OF THE ALLEGED VIOLATION, (III)
 A  DESCRIPTION  OF THE ALLEGED VIOLATION, AND (IV) INFORMATION REGARDING
 THE POLE OWNER, ATTACHER OR CONTRACTOR, IF AVAILABLE.  SUCH  FORM  SHALL
 ALLOW FOR THE SUBMISSION OF PHOTOGRAPHS.
   3.  THE  COMMISSION  SHALL BE REQUIRED TO INSPECT A REPORTED COMPLAINT
 WITHIN TWO WEEKS OF THE SUBMISSION OF SUCH COMPLAINT AND MAKE A DETERMI-
 NATION IF A VIOLATION HAS  OCCURRED.  IF  THE  COMMISSION  DETERMINES  A
 VIOLATION  HAS OCCURRED, THE COMMISSION SHALL NOTIFY THE RELEVANT PUBLIC
 UTILITY COMPANY, CORPORATION  OR  PERSON OR THE    OFFICERS,  ATTACHERS,
 AGENTS OR EMPLOYEES WITHIN TWO WEEKS OF SUCH DETERMINATION.
   4.  (A)  WHERE THE COMMISSION DETERMINES A VIOLATION HAS OCCURRED, THE
 COMMISSION SHALL NOTIFY THE RELEVANT PUBLIC UTILITY COMPANY, CORPORATION
 OR PERSON OR THE OFFICERS, ATTACHERS, AGENTS AND EMPLOYEES IN WRITING OF
 THE VIOLATION AND DISCLOSE ITS FINDINGS.
   (B) (I) SUCH PUBLIC UTILITY COMPANY AND/OR  ATTACHER  SHALL  HAVE  ONE
 WEEK  FROM  THE  DATE  OF  NOTICE  TO REMEDY THE VIOLATION, WHICH MAY BE
 REDUCED OR EXTENDED BY THE COMMISSION BASED ON THE NATURE  AND  SEVERITY
 OF  THE  VIOLATION.  WHERE  THE COMMISSION DETERMINES SUCH REMEDY IS NOT
 SATISFACTORY, OR THE RELEVANT PUBLIC UTILITY COMPANY,  CORPORATION    OR
 PERSON  OR  THE  OFFICERS, ATTACHERS, AGENTS OR EMPLOYEES HAVE NOT REME-
 DIED THE VIOLATION WITHIN THE REQUIRED TIMEFRAME, SUCH ENTITY  SHALL  BE
 SUBJECT TO THE FOLLOWING FINE SCHEDULE:
   (1) UPON A FIRST VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT UP TO
 A TWENTY THOUSAND DOLLAR FINE.
   (2)  UPON  A SECOND VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT UP
 TO A FIFTY THOUSAND DOLLAR FINE.
   (3) UPON A THIRD VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT TO  A
 STOP WORK ORDER IN THE COUNTY WHERE ANY OF THE VIOLATIONS WERE MADE.
   (II)  THE  PROVISIONS  OF THIS PARAGRAPH SHALL NOT APPLY TO VIOLATIONS
 OUTLINED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (C) THE COMMISSION SHALL ISSUE A FINE OF UP TO TWENTY THOUSAND DOLLARS
 FOR VIOLATIONS OF REGULATIONS ESTABLISHED BY THE COMMISSION  RELATED  TO
 THE USE OF ONE TOUCH MAKE READY.
   5. THE COMMISSION SHALL COMPILE A SEMIANNUAL LIST OF ATTACHERS, INTER-
 NET  SERVICE  PROVIDERS  AND  THEIR  CONTRACTORS THAT THE COMMISSION HAS
 DETERMINED COMMITTED THREE OR MORE VIOLATIONS.    THE  COMMISSION  SHALL
 DISTRIBUTE  SUCH  LIST TO RELEVANT AGENCIES INCLUDING BUT NOT LIMITED TO
 THE DIVISION OF BROADBAND ACCESS, AS ESTABLISHED IN  SECTION  SIXTEEN-GG
 OF THE URBAN DEVELOPMENT CORPORATION ACT.
 S. 6997--A                          3
 
   §  2.  The  general  municipal  law is amended by adding a new section
 109-e to read as follows:
   §  109-E.  ADDITIONAL  REQUIREMENTS  FOR  RIGHT-OF-WAY  PERMITS.  AS A
 REQUIREMENT OF OBTAINING A PUBLIC RIGHT-OF-WAY  PERMIT,  ALL  APPLICANTS
 SHALL DISCLOSE TO THE LOCAL PERMITTING AUTHORITY OF A MUNICIPALITY PRIOR
 TO  THE ISSUANCE OF SUCH PERMIT THE IDENTITY OF EACH CONTRACTOR, SUBCON-
 TRACTOR, OR AGENT THAT WILL PERFORM WORK AUTHORIZED BY THE PERMIT IN THE
 RIGHT-OF-WAY, WHETHER A SOLE PROPRIETOR, INDEPENDENT CONTRACTOR,  COMPA-
 NY,  OR OTHER ENTITY. IF THERE ARE ANY CHANGES TO THE ENTITIES THAT WILL
 PERFORM PERMITTED WORK IN THE RIGHT-OF-WAY AFTER SUBMISSION, THE  APPLI-
 CANT  SHALL UPDATE THE MUNICIPALITY WITH THE NEW INFORMATION WITHIN FIVE
 BUSINESS DAYS.
   § 3. This act shall take effect immediately.