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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7119A
SPONSOR: Meeks TITLE OF BILL:
An act to amend the public service law, in relation to attachments to
utility poles for broadband service
PURPOSE:
To expedite deployment of fiber broadband infrastructure in NYS by clar-
ifying procedural rules in connection with attachment of fiber-optic
lines to utility poles.
SUMMARY OF PROVISIONS:
Section 1 amends § 119-a of the Public Service Law by adding a new
subdivision 1-a to clarify that for certain broadband service providers
a certificate of public convenience and necessity is not required in
order to attach fiber lines to utility poles.
Section 2 is the effective date.
JUSTIFICATION:
To offer telephone service in NYS, a provider must obtain a certificate
of public convenience and necessity (CPCN) from the NYS Public Service
Commission. Some internet service providers in NYS offer broadband
Service, but do not offer telephone service. Accordingly, under NYS
Department of Public Service rules, a CPCN is not required for providers
that offer broadband internet service only (see
https://dps.nv.govinewCompany- certification-process-and-report-
filingrequirements). This is sound, common-sense public policy that can
enhance competition and help expedite broadband deployment.
However, in order for a new competitor to offer fiber-to-the-home broad-
band service to customers, it must first get permission to attach its
fiber-optic lines to existing utility poles - which are typically owned
jointly by the local electric company and telephone company. Despite the
clear DPS rules on when a CPCN is needed, certain utility pole owners
are requiring new broadband competitors to obtain a CPCN as a condition
to attaching fiber lines to its utility poles. This is an anti-competi-
tive move aimed at slowing entry of new broadband providers into the
market.
With NYS about to embark on its $1+ Billion ConnectAll broadband program
to reach unserved and underserved areas, it is imperative that fiber
broadband deployment be encouraged rather than stalled. This commonsense
bill will eliminate anti-competitive activity within the telecom Indus-
try and pave the way for smoother and faster broadband deployment for
those in NYS struggling with inadequate broadband access.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7119--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. MEEKS, BRONSON, WALLACE, CLARK -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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.
LBD09744-03-3
