PSC-33-12-00009-P Telecommunications Companies Ability to Attach to Utility Company Poles

8/15/12 N.Y. St. Reg. PSC-33-12-00009-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 33

August 15, 2012

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-33-12-00009-P

Telecommunications Companies Ability to Attach to Utility Company Poles

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 complaint of TVC Albany, Inc. d/b/a Tech Valley Communications (TVC) against Central Hudson Gas and Electric Corporation regarding its right to attach facilities to poles owned by Central Hudson.

Statutory authority:

Public Service Law, section 119-a

Subject:

Telecommunications companies ability to attach to utility company poles.

Purpose:

Consideration of Tech Valley's ability to attach to Central Hudson poles.

Substance of proposed rule:

On June 12, 2012 TVC Albany, Inc., d/b/a Tech Valley Communications filed a formal complaint against Central Hudson Gas and Electric Corporation (Central Hudson) seeking to attach facilities to poles owned by Central Hudson. The Commission is considering whether to grant, deny or modify, in whole or part, the relief requested in the complaint filed by TVC Albany, Inc. or take additional action. The Commission may apply its decision here to the pole attachment arrangements of other utilities.

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:

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public 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.

(12-C-0265SP1)