Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Requires certain entities to remove abandoned lines from poles and other structures to which abandoned or out-of-service lines are attached.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the removal of abandoned lines by certain entities and supplementing Title 48 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Abandoned" means any line that has not been in operation for a period of at least twelve consecutive months.
"Board" means the Board of Public Utilities or any successor agency.
"Department" means the Department of Community Affairs.
"Entity" means a person, municipality, utility, or corporation having ownership of a line in this State, including ownership acquired by sale or corporate merger.
"Line" means an above-ground cable or wire attached to a pole, building, or other structure, used for the provision of any telecommunications or utility service, and shall include any equipment or facility associated with that line attached to that pole, building, or other structure.
"Telecommunications service" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points.
"Utility" means any "public utility" as defined in R.S.48:2-13, or "local utility" as defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
2. a. Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with federal law, an entity owning a line that is abandoned or permanently out of service shall remove that line from all points of attachment.
b. Following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and in accordance with federal law, an entity that installs, or otherwise maintains, a line over which the entity has ownership shall mark both ends of the line with the initials of the entity's name, abbreviation of the entity's name, corporate symbol, or other distinguishing mark or code by which ownership may be readily and definitely ascertained.
3. a. Twelve months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), in accordance with federal law and any applicable pole attachment agreement, the owner of a pole, building, or other structure to which a suspected abandoned line is attached, may send a written request to the entity owning that line to request removal if the line is found to be abandoned by the entity.
b. A pole attachment agreement or any other applicable agreement established or renewed after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) may include, in accordance with federal law, a provision requiring an entity to submit a security deposit, in an amount determined by the board or department, to the owner of a pole, building, or other structure to which the entity attaches a line, which shall be refunded to the entity once the line is removed.
4. The board and the department shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) for entities under their respective jurisdictions, as applicable. The board and department may be assisted, as appropriate, by other participating agencies, departments, boards, and authorities, including the Office of Information Technology, in the promulgation of necessary rules and regulations.
5. This act shall take effect immediately, but shall remain inoperative for 90 days from the date of enactment.
STATEMENT
This bill requires any entity having ownership of an above-ground line, as that term is defined in the bill, to remove that line if abandoned for at least twelve months or permanently out of service. The bill provides that, after the effective date of the bill, an entity that installs, or otherwise maintains, a line over which the entity has ownership is to mark both ends of the line with the initials of the entity's name, abbreviation of the entity's name, corporate symbol, or other distinguishing mark or code by which ownership may be readily and definitely ascertained.
Twelve months after the effective date of the bill, an owner of a pole, building, or other structure to which a suspected abandoned line is attached may send a written request to the entity that owns the line to remove the line if it is determined the line is abandoned.
The bill also provides that, after the effective date of the bill, any pole attachment or other applicable agreement established or renewed may include a provision requiring an entity to submit a security deposit, in an amount to be determined by the Board of Public Utilities (BPU) or the Department of Community Affairs (DCA), to the owner of a pole, building, or other structure to which the entity attaches a line, which is to be refunded to the entity once the line is removed.
The bill requires the BPU and DCA to promulgate rules and regulations to implement the provisions of the bill for entities under their respective jurisdictions.