Ownership Interest in Poles
NY-ADR
6/5/19 N.Y. St. Reg. PSC-23-19-00003-P
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 23
June 05, 2019
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-23-19-00003-P
Ownership Interest in 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 petition filed by New York State Electric & Gas Corporation (NYSEG) to sell an interest in poles consistent with a Settlement Agreement and Release between NYSEG and Verizon New York Inc.
Statutory authority:
Public Service Law, section 70
Subject:
Ownership interest in poles.
Purpose:
To consider the transfer of ownership interest in certain poles from NYSEG to Verizon.
Substance of proposed rule:
The Public Service Commission (Commission) is considering a petition filed by New York State Electric & Gas Corporation (NYSEG or the Company) on April 25, 2019, requesting approval to sell an interest in poles consistent with a Settlement Agreement and Release between the Company and Verizon New York Inc. (Verizon), dated December 14, 2018.
Verizon agrees to pay NYSEG for joint interest in 76,086 poles. NYSEG will continue to be entitled to all rental payments due from third-parties which have attached lines or equipment to the 76,086 poles, including but not limited to fiber optic, cable television or other communications or telecommunications lines and equipment. Verizon ceased paying pole attachment fees on the poles as of December 31, 2018, coincident with Verizon’s payment to NYSEG. NYSEG and Verizon agree to have a joint attachment survey that they will accept as an accurate accounting of all poles in NYSEG’s and Verizon’s overlapping service territories, and a sound and bore and ground line inspection of the 76,086 poles.
The full text of the petition and the full record of the proceeding 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 action 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: [email protected]
Data, 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: [email protected]
Public comment will be received until:
60 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.
(19-E-0302SP1)
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