PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

The Commission is considering certain recommendations contained in the Department of Public Service Staff's White Paper pertaining to its existing rules for pole attachments.

Recommendations for changes to current pole attachment rules.

To determine if amending the existing pole attachment rules is necessary.

The Commission is considering recommendations contained in a White Paper prepared by the Department of Public Service Staff (Staff) pertaining to its existing rules for pole attachments. On March 1, 2022, the Commission issued a Notice Seeking Comments to open a proceeding, as required by amended Public Service Law (PSL) § 119-a(4), to consider changes to its existing pole attachment rules. On September 28, 2022, the Commission sought additional comments on alternative approaches to cost allocation methodologies for the replacement of utility poles. On December 18, 2023, Staff filed a Department of Public Service White Paper on Review of Certain Pole Attachment Rules, which reviews the comments received to date from interested stakeholders and makes certain recommendations to existing pole attachment rules.The Commission is considering recommendations contained in a White Paper prepared by the Department of Public Service Staff (Staff) pertaining to its existing rules for pole attachments. On March 1, 2022, the Commission issued a Notice Seeking Comments to open a proceeding, as required by amended Public Service Law (PSL) § 119-a(4), to consider changes to its existing pole attachment rules. On September 28, 2022, the Commission sought additional comments on alternative approaches to cost allocation methodologies for the replacement of utility poles. On December 18, 2023, Staff filed a Department of Public Service White Paper on Review of Certain Pole Attachment Rules, which reviews the comments received to date from interested stakeholders and makes certain recommendations to existing pole attachment rules.

First, the Staff White Paper recommends more concrete time frames to facilitate resolution of pole attachment disputes after inter-company discussion and company Ombudsman activities are exhausted. The process recommended in the Staff White Paper would encompass the following:

• any complaint would be required to be served to the pole owner on the day it is filed with the Commission;

• the pole owner would be given 10 business days to respond to the complaint and the complainant should have 5 business days to reply to the response;

• the Commission would endeavor to resolve any such disputes within 90 days of the filing of the complaint.

Second, the Staff White Paper recommends establishing a working group of all interested stakeholders, including pole owners, attachers, Staff, and other interested entities operating in New York State, that would meet regularly (e.g., monthly) and facilitate the discussion and resolution of issues relating to pole attachments, including, but not limited to, make-ready estimates, surveys, self-help remedies, and scheduling.

Third, the Staff White Paper recommends maintaining the existing requirement that the attacher necessitating a pole replacement bear the full cost of pole replacements not otherwise needed by the utility.

Fourth the Staff White Paper recommends requiring pole owners to file annual reports detailing third-party attachments. The report would include, at minimum: the number of third-party pole attachment requests, and for each third-party attachment request completed in the reporting year: the number of poles sought for attachment, the number of new attachments licensed, and the total number of poles in need of replacement associated with those licenses. The report should further delineate the total number of poles replaced by the number funded by the utility and the number funded by third-party attachers.

Finally, the Staff White Paper recommends adoption of a new pole attachment process that includes, but does not require, “One Touch Make Ready,” in which the new attacher performs all make-ready work on “simple” attachments within the communications space provided it does not conflict with existing collective bargaining agreements. Moreover, the Staff White paper recommends alternative pole attachment methods be considered if they are consistent with established safety codes and industry standards. Decisions on allowing these methods should be done on a case-by-case basis and a pole owner may not refuse a method without giving a detailed reason, citing to the relevant code or industry standard.

The full text of the Staff White Paper 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.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]

60 days after publication of this notice.