Relates to attachments to utility poles for broadband service

• Democratic5
• Republican1

◆ The sponsor's argument

Why Kevin S. Parker says this is needed

To offer telephone service in NYS, a provider must obtain a certificate of public convenience and necessity (CPCN) from the NYS Public Service Commission. Some internet service providers in NYS offer broadband service, but do not offer telephone service. Accordingly, under NYS Department of Public Service rules, a CPCN is not required for providers that offer broadband internet service only (see https://dps.nv.govinewcompany- certification-process-and-report-filing- requirements). This is sound, common-sense public policy that can enhance competition and help expedite broadband deployment. However, in order for a new competitor to offer fiber-to-the-home broad- band service to customers, it must first get permission to attach its fiber-optic lines to existing utility poles - which are typically owned jointly by the local electric company and telephone company. Despite the clear DPS rules on when a CPCN is needed, certain utility pole owners are requiring new broadband competitors to obtain a CPCN as a condition to attaching fiber lines to its utility poles. This is an anti-competi- tive move aimed at slowing entry of new broadband providers into the market. With NYS about to embark on its $1+ Billion ConnectAll broadband program to reach unserved and underserved areas, it is imperative that fiber broadband deployment be encouraged rather than stalled. This common- sense bill will eliminate anti-competitive activity within the telecom industry and pave the way for smoother and faster broadband deployment for those in NYS struggling with inadequate broadband access.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.