S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6997
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11374-01-5
              

 S. 6997                             2
 
 CLE, (II) AN ATTACHMENT THAT DOES NOT MEET INDUSTRY STANDARDS  INCLUDING
 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.