BILL NUMBER: S5126A

SPONSOR: PARKER
 
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.govinew-
company- certification-process-and-report-filing- requirements). 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.