What's happening
This bill prohibits attaching wireless equipment to utility poles unless a specific easement allowing such attachments is written and filed.
Why it matters
Property owners gain more direct control over what can be attached to utility poles on or near their property. , since new or amended written easements are required specifically for wireless equipment—making it harder for telecom companies to install small cell and 5G infrastructure without explicit, recorded permission.
This measure could slow or complicate the rollout of wireless broadband and 5G networks. , as telecom providers will need to secure additional, individualized easements before installing new wireless equipment, potentially increasing costs and project timelines.
The bill aims to protect property rights and limit the automatic expansion of utility infrastructure. , ensuring that the addition of wireless equipment does not unintentionally broaden the impact of existing easements or affect neighboring properties without direct consent.
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Who cares
Headline styles
Limit Wireless on Utility Poles
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Wireless Gear on Poles
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Edward Ra
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5313
2019-2020 Regular Sessions
IN SENATE
April 25, 2019
Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to prohibiting the attachment of wireless equipment and other like attachments to existing utility poles in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 119-a of the public service law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. The commission shall prohibit the attachment of wireless broadcast or relay equipment, or any other like attachments, to any utility pole which was installed on, before or after the effective date of this subdivision, or unless an existing easement is explicitly amended in writing and filed to include wireless broadcast or relay equipment, or any other like attachments to a utility pole, or unless a new easement is written and filed to allow the attachment of wireless broadcast or relay equipment, or any other like attachments, to a utility pole. Such amendments to an existing easement or a new easement shall not affect any adjoining property or property owners.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11323-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to prohibiting the attachment of wireless equipment and other like attach- ments to existing utility poles in certain circumstances
Purpose
To prohibit the attachment of wireless broadcast or relay equipment or any other like attachments to utility poles.
Summary of provisions
Section one amends § 119-a of the Public Service Law to prohibit the attachment of wireless broadcast or relay equipment or any other like attachments to utility poles unless an existing easement is explicitly amended to include wireless equipment or a new easement is written and filed to allow for the attachment of wireless broadcast, relay equipment or any other like attachment to a utility pole.
Section two provides an effective date.
Justification
Many New York residents are complaining about attachments being installed on existing utility poles. Residents argue that not only are their rights as property owners being violated but that the attachment of wireless broadcast or relay equipment or any other attachments to utilities poles could result in potential health problems as they are unaware of the levels of radiation such attachments emit. Moreover, many NY residents are concerned about the effect on their property values as a result of attachments to utility poles.
This bill would require an existing easement be explicitly amended in writing and then filed to include wireless equipment or a new easement be written and filed to allow the attachment of wireless broadcast or relay equipment or any other like attachment to a utility pole in order to protect property rights of New Yorkers.
Legislative history
2017-2018: 5.6687 (Hannon) / A.8476 (McDonald)- Referred to Energy Committee
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.