5/6/09 N.Y. St. Reg. PSC-18-09-00017-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The PSC is considering the petition of Consolidated Edison Company of New York, Inc. and Omnipoint Communications Inc. d/b/a T-Mobile for approval of an existing wireless attachment to transmission facilities in the City of Yonkers.
Statutory authority:
Public Service Law, section 70
Subject:
Approval of an arrangement for attachment of wireless antennas to the utility's transmission facilities in the City of Yonkers.
Purpose:
To approve, reject or modify the petition for the existing wireless antenna attachment to the utility's transmission tower.
Substance of proposed rule:
On April 14, 2004, in Case 02-M-1288, the Commission approved a generic proceeding for Consolidated Edison Company of New York, Inc. (Con Edison) allowing the utility to lease space on its electric transmission facilities for wireless communication equipment. As part of that Order, the Commission required Con Edison to submit applications for all wireless attachment agreements that predated the generic proceeding.
After requesting and receiving several delays, Con Edison has begun the process of submitting applications for preexisting attachments. On February 17, 2009, Con Edison filed a petition with Omnipoint Communications Inc. (d/b/a T-Mobile) for approval of an existing wireless attachment in the City of Yonkers, County of Westchester.
The petition includes the elements required by the approved generic proceeding: the financial terms of the agreement, a structural analysis of the tower and attachment, and copies of all required local permits and approvals. The Commission will use this information to determine if the attachment agreement is in the public interest and should be allowed to continue.
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.
