S T A T E   O F   N E W   Y O R K
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                                  1140

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to requiring a safe-
  ty and reliability inspection of all telephone poles used by telephone
  corporations providing telephone service  to  more  than  one  million
  subscribers  and  requiring a safety and reliability inspection of all
  utility poles used by electric corporations providing electric service
  to over 300,000 customers and the replacement or removal of  deficient
  poles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby declares  that
unsafe,  inadequate or unreliable telephone and electrical utility poles
are a danger to the general public and to telecommunications  and  elec-
trical utility workers; that such telephone and electrical utility poles
impair  the  effective delivery of telecommunications services; and that
the public interest requires increased oversight of the safety and reli-
ability of  jurisdictional  telecommunications  and  electrical  utility
services carried over or by above ground telephone and electrical utili-
ty  lines,  as  such are defined in article 1 of the public service law;
and that the public interest requires a set of minimum fines  to  ensure
compliance  with this statute by each telephone corporation serving over
one million subscribers  and  each  electric  corporation  serving  over
300,000 subscribers.
  S 2. The public service law is amended by adding a new section 98-a to
read as follows:
  S  98-A.  SAFETY  AND  RELIABILITY  INSPECTION.  1. THE PUBLIC SERVICE
COMMISSION SHALL, WITHIN THIRTY DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  REQUIRE  TELEPHONE CORPORATIONS PROVIDING TELEPHONE SERVICE TO
MORE THAN ONE MILLION SUBSCRIBERS,  AND  ELECTRIC  CORPORATIONS  SERVING
OVER  THREE HUNDRED THOUSAND CUSTOMERS, TO CONDUCT A STUDY OF THE SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04597-01-5
              

A. 1140                             2

AND RELIABILITY OF ALL TELEPHONE AND ELECTRIC POLES USED BY SUCH  CORPO-
RATIONS  TO  PROVIDE  TELEPHONE AND ELECTRIC SERVICE WITHIN THE STATE OF
NEW YORK, AND TO REPORT UPON THE FOLLOWING FACTORS:
  (A) THE TOTAL NUMBER OF TELEPHONE AND ELECTRIC POLES PER COUNTY;
  (B) THE NUMBER OF TELEPHONE AND ELECTRIC POLES WITHIN EACH COUNTY THAT
ARE  SPLIT OR SHATTERED FOR MORE THAN FIVE PERCENT OF THE LENGTH OF SUCH
POLES;
  (C) THE NUMBER OF TELEPHONE AND ELECTRIC POLES  PER  COUNTY  THAT  ARE
SEVERED OR PARTIALLY SEVERED FROM THEIR BASE;
  (D)  THE  NUMBER  OF  TELEPHONE AND ELECTRIC POLES PER COUNTY THAT ARE
ATTACHED DIRECTLY TO OTHER TELEPHONE POLES ("STRAPPED") BY  MEANS  OTHER
THAN THE UTILITY LINES CONNECTING SUCH POLES;
  (E)  THE  NUMBER  OF STRAPPED POLES, OF WHICH EITHER OR BOTH POLES ARE
SPLIT OR SHATTERED FOR MORE THAN FIVE PERCENT  OF  THE  LENGTH  OF  SUCH
POLES;
  (F)  ANY  POLES  THAT NO LONGER COMPLY WITH ANSI SAFETY STANDARD O5.1;
AND
  (G) ANY TELEPHONE AND ELECTRIC POLES FROM WHICH ALL ELECTRICAL,  TELE-
PHONE  AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES HAVE
BEEN PREVIOUSLY REMOVED FROM THE POLES AND TO WHICH  NO  NEW  TELEPHONE,
ELECTRICAL  OR  CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR AT LEAST
THIRTY DAYS.
  2. TELEPHONE AND ELECTRIC POLES IDENTIFIED IN SUBDIVISIONS  (B),  (C),
(D),  (E),  (F)  AND  (G)  OF  SUBDIVISION  ONE OF THIS SECTION SHALL BE
PRESUMED TO BE NO LONGER SAFE, ADEQUATE  OR  RELIABLE  FOR  TELECOMMUNI-
CATIONS  AND  ELECTRIC SERVICE AND AN ENDANGERMENT TO THE GENERAL PUBLIC
AND TELECOMMUNICATIONS  AND  ELECTRIC  UTILITY  WORKERS,  AND  SHALL  BE
SUBJECT  TO SUCH STANDARDS FOR REPLACEMENT OF UNSAFE POLES, OR FINES, OR
BOTH, AS MAY BE REQUIRED BY THIS SECTION.
  3. THE TELEPHONE  AND  ELECTRIC  POLE  SAFETY  AND  RELIABILITY  STUDY
REQUIRED  BY  THIS  SECTION  SHALL BE COMPLETED BY EACH TELEPHONE CORPO-
RATION SERVING MORE THAN  ONE  MILLION  SUBSCRIBERS  AND  EACH  ELECTRIC
CORPORATION  SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIBERS WITHIN
ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SECTION.    THE
TELEPHONE  AND  ELECTRIC  POLE  SAFETY AND RELIABILITY STUDY REQUIRED BY
THIS SECTION SHALL CONTAIN SUCH  TELEPHONE  AND  ELECTRIC  CORPORATION'S
PLAN  (THE "CORRECTIVE PLAN") FOR REPLACING, WITHIN THREE HUNDRED SIXTY-
FIVE  DAYS  OF  THE  ISSUANCE  OF  SUCH  REPORT  (THE  CORRECTIVE   PLAN
"COMPLETION  DATE"),  ALL  POLES  SPLIT  OR SHATTERED FOR MORE THAN FIVE
PERCENT OF THE LENGTH OF SUCH POLES,  ALL  POLES  SEVERED  OR  PARTIALLY
SEVERED  FROM  THEIR BASE, ALL POLES THAT ARE STRAPPED DIRECTLY TO OTHER
TELEPHONE OR ELECTRIC POLES, ALL POLES FROM WHICH ALL ELECTRICAL,  TELE-
PHONE  AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES HAVE
BEEN PREVIOUSLY REMOVED FROM THE POLES AND TO WHICH  NO  NEW  TELEPHONE,
ELECTRICAL  OR  CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR AT LEAST
THIRTY DAYS, (COLLECTIVELY, "UNSAFE" POLES).
  4. UPON ITS COMPLETION, THE TELEPHONE AND  ELECTRIC  POLE  SAFETY  AND
RELIABILITY  STUDY  REQUIRED  BY  THIS  SECTION  SHALL BE SUBMITTED AS A
REPORT, BY EACH TELEPHONE CORPORATION  SERVING  MORE  THAN  ONE  MILLION
SUBSCRIBERS  AND  EACH  ELECTRIC  CORPORATION  SERVING  MORE  THAN THREE
HUNDRED THOUSAND SUBSCRIBERS  TO  THE  PUBLIC  SERVICE  COMMISSION,  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE CHAIR OF BOTH THE SENATE AND ASSEMBLY STANDING COMMIT-
TEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS.
  5. THE STUDY TO BE COMPLETED BY  THE  TELEPHONE  AND  ELECTRIC  CORPO-
RATIONS SHALL INCORPORATE REPORTS OF POLES NONCOMPLIANT WITH THE FACTORS

A. 1140                             3

IDENTIFIED  IN SUBDIVISION ONE OF THIS SECTION PROVIDED TO THE TELEPHONE
AND ELECTRIC CORPORATIONS BY MEMBERS OF THE  GENERAL  PUBLIC,  TELEPHONE
CORPORATION  UNIONS,  AND LOCAL, MUNICIPAL, COUNTY, AND STATE GOVERNMENT
AND AGENCIES.
  6. ALL TELEPHONE AND ELECTRIC POLES IDENTIFIED AS UNSAFE OR NONCOMPLI-
ANT  WITH  ANSI SAFETY STANDARD O5.1, IN THE CORRECTIVE PLAN REQUIRED IN
THE TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY STUDY,  SHALL  BE
REPLACED BY THE TELEPHONE OR THE ELECTRIC CORPORATION OWNING SUCH POLES,
WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE ISSUANCE OF SUCH REPORT.
  7.  REPLACEMENT  OF  THE POLES IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN
THE CORRECTIVE PLAN SHALL BE CONDUCTED BY PROPERLY TRAINED,  EXPERIENCED
AND  EQUIPPED  EMPLOYEES  OF EACH TELEPHONE CORPORATION SERVING OVER ONE
MILLION SUBSCRIBERS AND EACH  ELECTRIC  CORPORATION  SERVING  MORE  THAN
THREE HUNDRED THOUSAND SUBSCRIBERS PREPARING THE STUDY.
  8.  A FINE OF ONE HUNDRED FIFTY DOLLARS PER MONTH PER UN-REPLACED POLE
SHALL BE ASSESSED AGAINST EACH TELEPHONE POLE THAT  A  TELEPHONE  CORPO-
RATION  SERVING  MORE  THAN  ONE  MILLION  SUBSCRIBERS HAS IDENTIFIED AS
UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND HAS NOT REPLACED  WITHIN  THREE
HUNDRED  SIXTY-FIVE  DAYS  OF THE ISSUANCE OF THE TELEPHONE AND ELECTRIC
POLE SAFETY AND RELIABILITY REPORT AND FOR EACH ELECTRIC  POLE  THAT  AN
ELECTRIC  CORPORATION SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIB-
ERS HAS IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND  HAS  NOT
REPLACED  WITHIN  THREE  HUNDRED  SIXTY-FIVE DAYS OF THE ISSUANCE OF THE
TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY REPORT.
  S 3. The public service commission shall begin, within ninety days  of
the  effective  date  of  this act, a rulemaking proceeding to establish
statewide safety and reliability  standards  for  wooden  telephone  and
electric  poles,  and  to  establish penalties for the violation of such
standards. Penalties for violation of established standards shall not be
less than $150 per month per un-replaced pole. The rulemaking proceeding
to establish statewide safety and reliability standards for wooden tele-
phone and electric poles and to establish penalties for the violation of
such standards shall be completed within one year of its inception.
  S 4. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in  its  operation to the provision of this act, or in its
application to the person or  circumstance,  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately.