Requires a safety and reliability inspection of all telephone poles used by telephone corporations providing telephone service to more than one million subscribers

Summary of specific provisions

Section 2 amends public service law by adding a new section 98-a that calls for the PSC to require telephone corporations providing telephone service to more than one million subscribers to conduct a safety and reliability study of all telephone poles used for telephone service and electric corporations serving over 300,000 customers and electric poles and report the total number of poles per county, the total number of poles split or shattered, the number of poles severed or partially severed and the number of poles "strapped" or declared unsafe within language in this new subdivision. The study will be completed within 120 days of the effective date of this section and upon completion the study will be submitted to the public service commission, the governor, the temporary president of the senate, the speaker of the assembly and the standing chairs of the assembly and senate committee on corporations, authorities and commissions. Replace of unsafe poles will be made by experience employees and fines of $ 150 per month per un-replaced pole shall be assessed against each telephone and electric pole that a telephone corporation serving more than one million subscribers, or an electric corporation serving over 300,000 customers has identified as unsafe or noncompliant.

Justification

This bill would require the Public Service Commission to initiate a rule-making to establish mandatory minimum fines for unsafe double pole conditions; an inventory and study of double pole conditions by telephone corporations serving over 1 million subscribers and electric corporations serving over 200,000 customers; and timely removal by properly trained and experienced telephone and electric utility workers of double pole conditions.

Aging or damaged telephone and electric poles pose a threat to public and utility worker safety and must be replaced. When they are replaced with new poles and wiring is transferred to the new pole, the old telephone or electric pole must be removed to protect public and worker safety. When the old telephone or electric pole is not removed, it creates an unsafe and unsightly "double" pole condition. Currently, there are many thousands of aging "double" telephone and electric poles littering the state. Many double telephone and electric

poles have been in place for years despite complaints by municipalities, residents and the telephone workers union. Double poles are also found on both public and private property.

The Public Service Commission has had a proceeding on double poles since June of 2008 (Case 08-M0593). The Public Service Commission proceeding initiated on double pole conditions has not produced either a remedy or an inventory of double pole conditions.

As the Public Service Commission's proceeding has continued, many more double poles have being created throughout New York State where the telephone corporation serving over 1 million subscribers or the electric companies serving over 300,000 customers has failed to remove the old poles.

Aging and damaged utility poles are at risk of toppling over or falling. Utility workers are unable to safely climb double poles and therefore network operations are impaired. Property values are impaired by double poles. Telephone and electric poles are also filled with wood preservatives that may leach into the ground, potentially damaging environmental quality and Public health.

Telephone corporations serving over 1 million subscribers and electric corporations serving over 300,000 customers should not be allowed to create these avoidable unsafe and unsightly conditions. An inventory of existing conditions, mandatory minimum fines, and requirements for timely removal of double poles conditions are needed to remedy the problem.

Prior legislative history

04/08/10: Referred to Corporations, Authorities and Commissions 01/12/11: Referred to Energy and Telecommunications 06/08/11: Amended and recommitted to Energy and Telecommunications, Print number 1777A 01/04/12: Referred to Energy and Telecommunications

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.