Bill Text: NY S05126 | 2023-2024 | General Assembly | Amended

New York Senate Bill 5126

Bill Title: Relates to attachments to utility poles for broadband service; provides that for a broadband internet provider that does not provide regulated telephone service, a pole owner shall not require such broadband internet provider to obtain a certificate of public convenience and necessity as a condition to making attachments to utility poles solely owned or jointly-owned by the pole owner.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05126 Detail]

Download: New_York-2023-S05126-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         5126--A
            Cal. No. 581

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by  Sens.  PARKER, COONEY, HINCHEY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and  Telecommunications  --  reported  favorably  from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        AN ACT to amend the public service law, in relation  to  attachments  to
          utility poles for broadband service

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 119-a of the  public  service  law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a.  With  respect  to  a  broadband  internet provider that does not
     4  provide regulated telephone service, a pole owner shall not require such
     5  broadband internet provider to obtain a certificate  of  public  conven-
     6  ience  and  necessity  under  section  ninety-nine  of this chapter as a
     7  condition to making attachments to utility poles solely owned or jointly
     8  owned by the pole owner.  Notwithstanding the foregoing, nothing in this
     9  subdivision shall be construed  to  confer  upon  a  broadband  internet
    10  provider  that does not provide regulated telephone service any authori-
    11  zation to occupy or use any state or local public right-of-way.
    12    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09744-02-3