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Earlier this month, New York Governor Kathy Hochul signed a new pole attachment safety enforcement bill into law. With the enactment of S6997A, New York formally implemented one of the most stringent pole attachment oversight regimes in the country. As previously discussed on this blog, the law applies to all utility pole owners and attachers engaged in new attachments, modifications, repairs, or inspections, and it significantly expands the responsibilities of the New York Public Service Commission ("PSC") to monitor, enforce, and penalize unremedied noncompliance.
This measure amends NY Public Service Law Art. 6, which includes provisions impacting cable, telecom, and electric service providers, and NY General Municipal Law Art. 5, by adding two new sections that take effect immediately: §119-e and §109-e. New Section 119-e includes a significant penalty structure for pole attachment violations that are not timely remedied, as follows:
- First violation: up to a $20,000 fine
- Second violation: up to a $50,000 fine
- Third violation: may result in a stop work order
Once the PSC determines a violation has occurred, it must notify the responsible party, who has one week from the date of notice to remedy the violation. However, the PSC may extend this timeline based on the nature and severity of the violation. On a semiannual basis, the PSC must compile a list of entities with three or more complaints, all of whom would be ineligible for state grants or loans for up to three years.
New Section 119-e also authorizes the PSC to issue a separate fine of up to $20,000 for violations related to the use of One-Touch Make-Ready ("OTMR"). In addition to outlining the requirements for just and reasonable terms of attachment to utility poles, existing Section 119-a of NY Public Service Law Art. 6 directed the PSC to initiate a proceeding that examined streamlining actions related to pole attachments, resulting in the adoption of OTMR rules in 2024, as discussed here. Additionally, to obtain a public right-of-way permit for completing pole attachments, new Section 109-e requires permit applicants to provide information on contractors that will perform work in the right-of-way, and to inform the municipality within five days of any changes to the contractor.
Looking Ahead
With S6997A now in effect, pole owners, communications providers, and other attachers operating in New York should expect increased inspections, augmented recordkeeping responsibilities, heightened enforcement activity, and accelerated compliance timelines. Pole attachers should consider reviewing and updating their internal compliance procedures, contractor oversight practices, and recordkeeping systems to mitigate enforcement risk under the new regime.
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