Legislation

§ 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)
telecommunications 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
necessary 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 electronic 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.

(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,
posted to the commission's website, to allow members of the public and
telecommunications 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
including 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
determination 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 remedied
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,
internet 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.