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This entry was published on 2022-03-25
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Fiber-based services
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 104. Fiber-based services. 1. Where a telephone line, as such term
is defined in subdivision eighteen of section two of this chapter, or a
portion of a telephone line, has previously been placed by a telephone
corporation in or on a building or other property of an owner other than
the telephone corporation and remains in place in or on such building or
other property, the telephone corporation may, without any additional
compensation to the owner, replace or supplement the line or portion of
such line with fiber optic facilities for purposes of providing any
telephone, broadband, cable or other video service that the telephone
corporation or its affiliate may lawfully provide, provided that the
provision of such services over those facilities does not result in a
significant increase in the physical size of the facilities placed at
those locations.

2. If the owner would be entitled to compensation for such replacement
under existing law, the owner of the property may seek such compensation
under the mechanism and pursuant to the substantive and procedural rules
utilized by the public service commission for resolving claims for just
compensation under section two hundred twenty-eight of this chapter, but
the pendency of such proceedings shall not affect the right of the
telephone company to make the replacement or supplementation authorized
by this section.

3. A landlord or property owner may require: (a) that the telephone
corporation or the tenant or a combination thereof bear the entire cost
of the installation, operation or removal of such facilities; (b) that
the telephone corporation agrees to indemnify the landlord or property
owner for any damage caused by the installation, operation or removal of
such facilities; and (c) that the installation of the fiber optic
facilities conform to such reasonable conditions as are necessary to
protect the safety, functioning and appearance of the premises, and the
convenience and well-being of other tenants.

4. No landlord shall: (a) demand or accept payment from any tenant, in
any form, in exchange for permitting fiber optic service on or within
such landlord's property or premises; or (b) discriminate in rental
charges or otherwise, between tenants who receive fiber optic service
and those who do not.