S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7544
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the general municipal law, in
   relation to enforcement of pole attachment safety and quality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 119-e to read as follows:
   § 119-E.  UTILITY  POLE  AND  ATTACHMENT  IDENTIFICATION.  1.  (A)  IN
 CONNECTION  TO A NEW POLE ATTACHMENT, OR DURING THE MODIFICATION, REPAIR
 OR INSPECTION OF A POLE OR POLE ATTACHMENT, ALL UTILITY POLE OWNERS  AND
 ATTACHERS SHALL BE REQUIRED TO SUBMIT INFORMATION THAT ALLOWS INSPECTORS
 TO  ENSURE PHYSICAL IDENTIFICATION OF THEIR EQUIPMENT ON A UTILITY POLE.
 SUCH INFORMATION SHALL INCLUDE THE (I) TELECOMMUNICATION OR CABLE COMPA-
 NY THAT OWNS THE EQUIPMENT, (II) CONTRACTOR OR SUBCONTRACTOR RESPONSIBLE
 FOR COMPLETING THE POLE ATTACHMENT WORK, AND (III) DATE  OF  WORK.  SUCH
 INFORMATION SHALL ALSO BE SUBMITTED ELECTRONICALLY TO THE COMMISSION AND
 KEPT  IN AN ELECTRONIC DATABASE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
 VISION.
   (B) THE COMMISSION SHALL KEEP A RECORD OF  ALL  POLE  ATTACHMENT  WORK
 INCLUDING WHICH ATTACHERS HAVE EQUIPMENT ON WHICH POLES AND THE CONTRAC-
 TOR, TELECOMMUNICATIONS OR CABLE COMPANY WHO COMPLETED THE WORK.
   (C) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO PROVIDE A
 UNIFORM FORMAT OR FORM FOR COMPLYING WITH PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION.
   2. (A) THE COMMISSION SHALL CREATE AN ELECTRONIC COMPLAINT FORM, POST-
 ED TO THE COMMISSION'S WEBSITE, TO ALLOW MEMBERS OF THE PUBLIC AND TELE-
 COMMUNICATIONS  WORKERS TO REPORT (I) TELECOMMUNICATIONS EQUIPMENT MOVED
 IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMIT-
 ED TO SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETEEN-A OF  THIS  ARTI-
 CLE,  (II) AN ATTACHMENT THAT DOES NOT MEET INDUSTRY STANDARDS INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11374-01-5
              

 A. 7544                             2
 
 BUT NOT LIMITED TO  THE  NATIONAL  ELECTRICAL  SAFETY  CODE  (NESC)  AND
 TELCORDIA  STANDARDS,  (III) AN UNSAFE ATTACHMENT, TELECOMMUNICATIONS OR
 ELECTRICAL EQUIPMENT, OR A POLE THAT PRESENTS A SAFETY HAZARD, AND  (IV)
 ANYTHING  ELSE THE COMMISSION DEEMS NECESSARY TO PROTECT WORKERS AND THE
 PUBLIC AND ENSURE SAFE POLE ATTACHMENT WORK.
   (B) THE COMPLAINT FORM SHALL INCLUDE, AT MINIMUM,  (I)  THE  DATE  AND
 TIME  OF  THE  COMPLAINT,  (II)  THE  LOCATION OF THE VIOLATION, (III) A
 DESCRIPTION OF THE VIOLATION, AND (IV) INFORMATION ON  THE  POLE  OWNER,
 ATTACHER  OR  CONTRACTOR,  IF  AVAILABLE.  SUCH FORM SHALL ALLOW FOR THE
 SUBMISSION OF PHOTOGRAPHS.
   3. THE COMMISSION SHALL BE REQUIRED TO INSPECT  A  REPORTED  COMPLAINT
 WITHIN TWO WEEKS OF THE SUBMISSION OF SUCH COMPLAINT.
   4.  (A) WHERE THE COMMISSION FINDS A VIOLATION OUTLINED IN SUBDIVISION
 TWO OF THIS SECTION, ANY PUBLIC UTILITY COMPANY, CORPORATION  OR  PERSON
 AND  THE  OFFICERS,  ATTACHERS, AGENTS AND EMPLOYEES SHALL BE SUBJECT TO
 PENALTIES SET FORTH IN SUBDIVISION TWO OF SECTION  TWENTY-FIVE  OF  THIS
 CHAPTER  AND  AS  FURTHER  SET FORTH IN THIS SUBDIVISION. THE COMMISSION
 SHALL NOTIFY THE RESPONSIBLE TELECOMMUNICATIONS  OR  CABLE  COMPANY  AND
 THEIR CONTRACTOR OF ITS FINDINGS IN WRITING.
   (I)  UPON A FIRST VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT TO A
 TWENTY THOUSAND DOLLAR FINE.
   (II) UPON A SECOND VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT  TO
 A FIFTY THOUSAND DOLLAR FINE.
   (III)  UPON A THIRD VIOLATION, THE RESPONSIBLE PARTY MAY BE SUBJECT TO
 A STOP WORK ORDER IN THE COUNTY WHERE ANY OF THE VIOLATIONS WERE MADE.
   (B) THE COMMISSION SHALL ISSUE A FINE OF NO LESS THAN TWENTY  THOUSAND
 DOLLARS  FOR VIOLATIONS OF THE PROVISIONS OF SUBDIVISION FIVE OF SECTION
 ONE HUNDRED NINETEEN-A OF THIS ARTICLE.
   5. THE COMMISSION SHALL COMPILE A SEMIANNUAL LIST OF ATTACHERS, INTER-
 NET SERVICE PROVIDERS AND THEIR CONTRACTORS THAT HAVE RECEIVED THREE  OR
 MORE  COMPLAINTS.  THE COMMISSION SHALL DISTRIBUTE SUCH LIST TO RELEVANT
 AGENCIES INCLUDING BUT NOT LIMITED TO THE DIVISION OF BROADBAND  ACCESS,
 AS  ESTABLISHED  IN  SECTION  SIXTEEN-GG OF THE URBAN DEVELOPMENT CORPO-
 RATION ACT. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  CONTRACTOR,
 TELECOMMUNICATIONS  OR  CABLE  COMPANY THAT APPEARS ON THE LIST SHALL BE
 DEEMED INELIGIBLE FOR ANY DIRECT OR INDIRECT STATE GRANTS, STATE GUARAN-
 TEED LOANS OR TAX BENEFITS FOR THREE YEARS AFTER THE DATE SUCH  LIST  IS
 PUBLISHED.
   §  2.  The  general  municipal  law is amended by adding a new section
 109-e to read as follows:
   § 109-E.  ADDITIONAL  REQUIREMENTS  FOR  RIGHT-OF-WAY  PERMITS.  AS  A
 REQUIREMENT  OF  OBTAINING  A PUBLIC RIGHT-OF-WAY PERMIT, ALL APPLICANTS
 SHALL DISCLOSE TO THE LOCAL PERMITTING AUTHORITY OF A MUNICIPALITY PRIOR
 TO THE ISSUANCE OF SUCH PERMIT THE IDENTITY OF EACH CONTRACTOR,  SUBCON-
 TRACTOR, OR AGENT THAT WILL PERFORM WORK AUTHORIZED BY THE PERMIT IN THE
 RIGHT-OF-WAY,  WHETHER A SOLE PROPRIETOR, INDEPENDENT CONTRACTOR, COMPA-
 NY, OR OTHER ENTITY. IF THERE ARE ANY CHANGES TO THE ENTITIES THAT  WILL
 PERFORM  PERMITTED WORK IN THE RIGHT-OF-WAY AFTER SUBMISSION, THE APPLI-
 CANT SHALL UPDATE THE MUNICIPALITY WITH THE NEW INFORMATION WITHIN TWEN-
 TY-FOUR HOURS.
   § 3. This act shall take effect immediately.