N.Y. Public Service Law § 119-e

§ 119-e. Utility pole and attachment identification. 1. (a) In\nconnection to a new pole attachment, or during the modification, repair\nor inspection of a pole or pole attachment, all utility pole owners and\nattachers shall be required to submit information that allows inspectors\nto ensure physical identification of each individual attacher's and pole\nowner's equipment. Such information shall include the (i)\ntelecommunications or cable company that owns the equipment attached to\nthe pole, (ii) contractor or subcontractor responsible for completing\nthe pole attachment work, (iii) date of work commencement and estimated\ncompletion, and (iv) any other information the commission deems\nnecessary to allow inspectors to ensure physical identification of\nownership relating to pole attachments on a utility pole. Such\ninformation shall also be submitted electronically to the commission and\nkept in an electronic database pursuant to the requirements listed\nwithin paragraph (b) of this subdivision.\n (b) The commission shall keep a record of all information submitted\npursuant to paragraph (a) of this subdivision.\n (c) The commission shall promulgate rules and regulations to provide a\nuniform format and form for complying with paragraphs (a) and (b) of\nthis subdivision.\n 2. (a) The commission shall create an electronic complaint form,\nposted to the commission's website, to allow members of the public and\ntelecommunications workers to report the following alleged violations:\n(i) telecommunications equipment moved in violation of applicable laws\nand regulations including but not limited to regulations established by\nthe commission related to pole attachments and the use of one touch make\nready, (ii) an attachment that does not meet industry standards\nincluding but not limited to the National Electrical Safety Code (NESC)\nand Telcordia Standards, (iii) an unsafe attachment, telecommunications\nor electrical equipment, or a pole that presents a safety hazard, and\n(iv) anything else the commission deems necessary to protect workers and\nthe public and ensure safe pole attachment work.\n (b) The complaint form shall include, at minimum, (i) the date and\ntime of the complaint, (ii) the location of the alleged violation, (iii)\na description of the alleged violation, and (iv) information regarding\nthe pole owner, attacher or contractor, if available. Such form shall\nallow for the submission of photographs.\n 3. The commission shall be required to inspect a reported complaint\nwithin two weeks of the submission of such complaint and make a\ndetermination if a violation has occurred. If the commission determines\na violation has occurred, the commission shall notify the relevant\npublic utility company, corporation or person or the officers,\nattachers, agents or employees within two weeks of such determination.\n 4. (a) Where the commission determines a violation has occurred, the\ncommission shall notify the relevant public utility company, corporation\nor person or the officers, attachers, agents and employees in writing of\nthe violation and disclose its findings.\n (b) (i) Such public utility company and/or attacher shall have one\nweek from the date of notice to remedy the violation, which may be\nreduced or extended by the commission based on the nature and severity\nof the violation. Where the commission determines such remedy is not\nsatisfactory, or the relevant public utility company, corporation or\nperson or the officers, attachers, agents or employees have not remedied\nthe violation within the required timeframe, such entity shall be\nsubject to the following fine schedule:\n (1) Upon a first violation, the responsible party may be subject up to\na twenty thousand dollar fine.\n (2) Upon a second violation, the responsible party may be subject up\nto a fifty thousand dollar fine.\n (3) Upon a third violation, the responsible party may be subject to a\nstop work order in the county where any of the violations were made.\n (ii) The provisions of this paragraph shall not apply to violations\noutlined in paragraph (c) of this subdivision.\n (c) The commission shall issue a fine of up to twenty thousand dollars\nfor violations of regulations established by the commission related to\nthe use of one touch make ready.\n 5. The commission shall compile a semiannual list of attachers,\ninternet service providers and their contractors that the commission has\ndetermined committed three or more violations. The commission shall\ndistribute such list to relevant agencies including but not limited to\nthe division of broadband access, as established in section sixteen-gg\nof the urban development corporation act.\n