6/22/16 N.Y. St. Reg. PSC-25-16-00024-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 a petition filed by CTIA - The Wireless Association, requesting a determination that the Commission's existing pole attachment rules apply to wireless communications providers.
Statutory authority:
Public Service Law, section 119-a
Subject:
Pole Attachment Rules.
Purpose:
To determine that the Commission's existing pole attachment rules apply to wireless providers.
Substance of proposed rule:
The Commission is considering a petition filed by CTIA – The Wireless Association requesting a determination that the Commission’s current pole attachment rules apply equally and consistently to wireless communications providers. CTIA specifically requests that the Commission determine that: 1. Its regulation of pole attachments applies with equal force, in a non-discriminatory manner, to wireless facilities attached to utility poles; 2. Detailed timelines, like the 148-day FCC mandated timeline, for entering into access agreements, completing the permitting and make-ready review processes, and granting final approval to attachers will be established and enforced; 3. Disputes regarding the rates, terms, and conditions of pole attachments will be resolved by the Commission on an expedited, 45-day basis; and 4. Rate principles for wireless attachments track those in place at other regulatory agencies, including the FCC, and assume that wireless attachers will occupy one-foot of pole space. The full text of the petition may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters.
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.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
john.pitucci@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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.
