Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
9435
I N A S S E M B L Y
January 6, 2026
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring utility
pole owners and attachers to submit an annual report on pole attach-
ments; and to repeal certain provisions of the general municipal law
relating to requirements for right-of-way permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 119-e of the public service law, as added by a
chapter of the laws of 2025 amending the public service law and the
general municipal law relating to enforcement of pole attachment safety
and quality, as proposed in legislative bills numbers S. 6997-A and A.
7544-A, is amended to read as follows:
§ 119-e. Utility pole [and] attachment [identification] REPORT. 1.
[(a) In connection to a new pole attachment, or during the modification,
repair or inspection of a pole or pole attachment, all] ALL utility pole
owners and attachers shall be required to submit [information that
allows inspectors to ensure physical identification of each individual
attacher's and pole owner's equipment] AN ANNUAL REPORT ON POLE ATTACH-
MENTS. Such [information] REPORT shall include [the (i) telecommuni-
cations or cable company that owns the equipment attached to the pole,
(ii) contractor or subcontractor responsible for completing the pole
attachment work, (iii) date of work commencement and estimated
completion,] (A) THE NUMBER OF POLE ATTACHMENT REQUESTS RECEIVED; (B)
FOR EACH REQUEST RECEIVED: (I) THE PROCESSING TIME; AND (II) WHETHER
MAKE-READY IS REQUIRED; (C) THE NUMBER OF POLE ATTACHMENT REQUESTS
COMPLETED IN THE REPORTING YEAR; (D) FOR EACH COMPLETED REQUEST: (I) THE
NUMBER OF POLES SOUGHT FOR ATTACHMENT; (II) THE NUMBER OF NEW ATTACH-
MENTS LICENSED RESULTING FROM THE REQUEST; (III) THE CONTRACTOR OR
SUBCONTRACTOR RESPONSIBLE FOR COMPLETING THE POLE ATTACHMENT WORK; AND
(IV) THE NUMBER OF POLES REPLACED ASSOCIATED WITH EACH LICENSED ATTACH-
MENT REQUEST, DIFFERENTIATED BY PAYMENT SOURCE (E.G., THE NUMBER OF
POLES FUNDED BY THE POLE OWNER, THOSE FUNDED BY THE THIRD-PARTY ATTACH-
ER, OR A COMBINATION OF THE TWO); (E) FOR EACH REQUEST LICENSED: (I) THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11374-04-6
A. 9435 2
TIME TO COMPLETE MAKE-READY; AND (II) MAKE-READY CHARGES TO THIRD-PARTY
ATTACHER(S); and [(iv)] (F) any other information the commission deems
necessary [to allow inspectors to ensure physical identification of
ownership relating to pole attachments on a utility pole]. Such informa-
tion shall [also] be submitted electronically to the commission [and
kept in an electronic database pursuant to the requirements listed with-
in paragraph (b) of this subdivision.
(b) The commission shall keep a record of all information submitted
pursuant to paragraph (a) of this subdivision.
(c) The commission shall promulgate rules and regulations to provide a
uniform format and form for complying with paragraphs (a) and (b) of
this subdivision].
2. (a) The [commission shall create an electronic complaint form,
posted to the commission's website, to allow members of the public and
telecommunications workers] DEPARTMENT MAY DEVELOP A MEANS FOR INTER-
ESTED PERSONS to report the following [alleged violations]: (i) telecom-
munications equipment moved in ALLEGED violation of applicable laws and
regulations including but not limited to regulations established by the
commission related to pole attachments and the use of one touch make
ready, (ii) an attachment that does not meet industry standards includ-
ing 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] DEPARTMENT deems necessary to protect
workers and the public and ensure safe pole attachment work.
(b) [The complaint form] SUCH COMPLAINTS shall include, at minimum,
(i) the date and time of the complaint, (ii) the location of the alleged
violation, (iii) a description of the alleged violation, and (iv) infor-
mation regarding the pole owner, attacher or contractor, if available.
Such [form shall] COMPLAINTS MAY allow for the submission of photo-
graphs.
[3. The commission shall be required to inspect a reported complaint
within two weeks of the submission of such complaint and make a determi-
nation if a violation has occurred. If the commission determines a
violation has occurred, the commission shall notify the relevant public
utility company, corporation or person or the officers, attachers,
agents or employees within two weeks of such determination.
4. (a) Where the commission determines a violation has occurred, the
commission shall notify the relevant public utility company, corporation
or person or the officers, attachers, agents and employees in writing of
the violation and disclose its findings.
(b) (i) Such public utility company and/or attacher shall have one
week from the date of notice to remedy the violation, which may be
reduced or extended by the commission based on the nature and severity
of the violation. Where the commission determines such remedy is not
satisfactory, or the relevant public utility company, corporation or
person or the officers, attachers, agents or employees have not reme-
died the violation within the required timeframe, such entity shall be
subject to the following fine schedule:
(1) Upon a first violation, the responsible party may be subject up to
a twenty thousand dollar fine.
(2) Upon a second violation, the responsible party may be subject up
to a fifty thousand dollar fine.
(3) 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.
A. 9435 3
(ii) The provisions of this paragraph shall not apply to violations
outlined in paragraph (c) of this subdivision.
(c) The commission shall issue a fine of up to twenty thousand dollars
for violations of regulations established by the commission related to
the use of one touch make ready.
5. The commission shall compile a semiannual list of attachers, inter-
net service providers and their contractors that the commission has
determined committed three or more violations. 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 corporation act.]
§ 2. Section 109-e of the general municipal law, as added by a chapter
of the laws of 2025 amending the public service law and the general
municipal law relating to enforcement of pole attachment safety and
quality, as proposed in legislative bills numbers S. 6997-A and A.
7544-A, is REPEALED.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2025 amending the public service law
and the general municipal law relating to enforcement of pole attachment
safety and quality, as proposed in legislative bills numbers S. 6997-A
and A. 7544-A, takes effect.Every fact on this page links to its source, starting with the official bill record.