 |
|
|
For Immediate Release: 07/18/2024 Rory M. Christian, Chair Contact:
James Denn | James.Denn@dps.ny.gov | (518) 474-7080 24065/22-M-0101 July 18, 2024
|
|
PSC Spurs Deployment of High-Speed Broadband and Cellular Service Through Updates in Pole Attachment Rules |
|
Commission Takes Steps to Help Close Digital Divide in New York State ALBANY — To help facilitate the deployment of high-speed broadband and wireless cellular services, the New York State Public Service Commission (Commission) today modified its rules regarding pole attachments. Today’s changes include ensuring more concrete time frames to facilitate resolution of pole attachment disputes, creating a working group of stakeholders to meet regularly and facilitate the discussion and resolution of issues relating to pole attachments, and implementing annual reporting requirements that provide greater transparency in the pole attachment process and assist both pole owners and attachers.
“Closing the digital divide and ensuring that high-speed broadband and wireless service is available to all New Yorkers is a crucial goal for the State,” said Commission Chair Rory M. Christian. “The Commission shares that goal and has taken important steps to facilitate the deployment of broadband throughout New York. Over the years, the Commission has adopted policies to make it easier for telecommunication and cable systems to co-locate on utility-owned poles. At the same time, however, the Commission has an obligation to ensure safe, adequate, and reliable utility service at just and reasonable rates. The changes we are adopting today accomplishes both goals.”
In addition to the changes mentioned above, the Commission will now require consideration of alternative pole attachment methods; adopt a new pole attachment process that includes "One Touch Make Ready" for simple attachments in the communications space provided it is not precluded by collective bargaining; and require post-construction inspections.
On December 18, 2023, Commission staff published a white paper on the issue of pole attachment rules which included several recommendations. After the white paper was filed, comments from industry stakeholders were received and analyzed. Today, the Commission largely adopts staff recommendations, and staff will endeavor to commence the collaborative working group within 90 days.
In March 2022, an amendment to Public Service Law §119-a went into effect requiring the Commission to consider modifying its existing rules relating to utility pole attachments. Specifically, the amendment required the Commission to initiate a proceeding to examine a process for streamlining utility pole attachments and directed the Commission to consider dispute resolution, cost sharing models, impact on the expansion of broadband, alternative pole attachment methods, and the existing rules regarding cost obligations.
In accordance with the legislative directive, the Commission initiated a proceeding to consider what, if any changes, to its existing pole attachment rules are warranted to facilitate the expedited deployment of high-speed broadband and wireless cellular services.
Generally, poles throughout New York State are owned by electric utilities and large telecommunication companies, and in some instances, poles are jointly owned by these entities. Pole attachers are typically telecommunication and cable companies who submit their applications to the pole owners requesting a license for the use of space on the poles and approval to attach their facilities.
Every pole owner has individualized pole attachment agreements and application processes. Once the applications are submitted to the pole owners, they have a certain amount of time to process surveys and conduct make-ready work to facilitate third-party attachments. Federal law permits states to regulate pole attachments.
Today’s decision may be obtained by going to the Commission Documents section of the Commission’s Web site at www.dps.ny.gov and entering Case Number 22-M-0101 in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Commission documents may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500). If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.
|
|
|
###
|