11/12/08 N.Y. St. Reg. PSC-46-08-00012-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering whether to approve, reject or modify, in whole or in part, the petition of Consolidated Edison Company of New York, Inc and AT & T Mobility, LLC, regarding wireless attachments to electric transmission facilities.
Statutory authority:
Public Service Law, section 70
Subject:
The attachment of wireless facilities to electric transmission facilities.
Purpose:
To approve reject or modify the petition to allow the attachment of wireless antennas to electric transmission towers.
Substance of proposed rule:
In connection with the petition of Consolidated Edison Company of New York, Inc. (Con Edison) and AT & T Mobility (AT & T) for the approval of the attachment of AT & T wireless antennas to Con Edison electric transmission facilities, the Commission is considering a waiver from the reporting requirements for the leasing of property by a utility for wireless attachments on transmission facilities. The Commission will consider how these issues apply to the attachment now sought and to future petitions for approval for such attachments to Con Edison property.
Con Edison and AT & T are seeking permission to attach three cellular telephone antennas to a Con Edison electric transmission tower (designated K-250) located in the Town of Carmel, Putnam County, pursuant to Public Service Law section 70 and Case 07-M-0744, Consolidated Edison Company of New York, Inc et al. – Wireless Attachments, Order Granting Petition (issued November 8, 2007).
The waiver being sought concerns 16 NYCRR sections 31.1(f), (g), (h), (i), (j), (k) and (l), which relate to the information that must be provided when a utility seeks to transfer or lease its property. These sections involve the inventory, original cost, depreciation and revenues derived from the property involved.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
jaclyn_brilling@dps.state.ny.usPublic comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
