Bill > S2182

Introduced Session

This bill establishes several requirements concerning the maintenance and removal of certain telecommunications and cable lines, including the removal or correction of abandoned lines, the removal of copper telephone lines, and the marking of new and existing lines. The bill requires certain entities, including utilities, corporations, municipalities, and persons that own above-ground telecommunications, cable lines, and copper telephone lines that are found to be abandoned, to either correct the condition that causes the line to be abandoned or remove the abandoned line from all points of attachment after receiving a request for removal submitted in accordance with this bill. The bill also provides that when an entity ceases to do business in this State, the entity would be required to remove its lines from all points of attachment, except for any lines for which ownership was transferred to another entity and which is not otherwise deemed to be abandoned. Under the bill, the owner of a pole, building, or other structure to which a suspected abandoned line is attached may submit a request for removal to the entity owning the line. The bill also permits any person, municipality, utility, or corporation to submit a request for removal of a suspected abandoned line to the Board of Public Utilities (BPU), which request would be transmitted to the entity that owns the line within five business days. Any forms would be required to provide the pole numbers, address, or latitude and longitude of the associated pole, and photograph of the abandoned line. In either case, the bill requires the BPU to prescribe the form and manner for the submission of these requests, except that the bill requires the BPU to allow these requests to be submitted through the official Internet websites of the entities and BPU, respectively. Within 30 calendar days after receiving a request to remove a suspected abandoned line, the bill requires each entity to investigate and determine whether the line is abandoned. If the line is deemed to be abandoned, the bill requires the entity to either correct the condition causing the line to be abandoned or remove the line from all points of attachment within 30 calendar days. Under the bill, an abandoned line would include any above-ground telecommunications or cable line that: (1) is not terminated at both ends to equipment or to a customer's premises; (2) is not maintained in a safe condition; (3) is not intended for future use; or (4) has not been in operation for a period of at least 24 consecutive months, and the owner of a structure to which the line is attached has submitted a request for removal of the line. However, the bill provides that any line that is overlashed would not be deemed to be abandoned. Additionally, the bill requires each entity to submit a written report to the BPU every 90 calendar days beginning after the effective date of the bill, which report is required to describe all notifications, complaints, and requests received by the entity concerning a suspected abandoned line. The report would be required to include a description of all reports and notifications received from an employee of the entity or an employee of the subcontractor of the entity. The bill also requires each entity to provide annual written notice to its customers concerning the provisions of the bill and including an explanation of the processes through which the customer may submit a request for removal of a suspected abandoned line. The bill requires the BPU to prescribe a form and manner for the provision of this notice, except that the notice would be provided to each customer using the same method as the entity provides a bill to the customer, and the notice would be made available in both English and Spanish. This bill also provides that during the course of the employee's employment, each employee of an entity who is responsible for installing lines or responding to service calls would have an affirmative duty to report any line that the employee reasonable believes to be under the ownership of the employer or, in the case of an employee of a subcontractor, those lines are under the ownership of the entity for whom the subcontractor is engaged to work abandoned. If the employee of an entity discovers an abandoned line during the course of the employee's employment, the employee would be required to either remove the abandoned line, if authorized by the entity, or report the abandoned line to the entity for further action. Within 90 calendar days of receiving the report, the entity would be required to transmit a copy of the report to the BPU. The bill provides that when an entity installs certain new lines, which lines are attached to a building or structure and owned by the entity, the entity would be required to mark certain information on the end of the line that is attached to the building or structure. This information would include the initials of the entity's name, abbreviation of the entity's name, corporate symbol, or other distinguishing mark or code by which ownership may be readily and definitely ascertained. The bill also provides that when an entity owns or maintains an existing line that is attached to a building or structure, which line was installed before the effective date of the bill and does not contain the marking required under the bill, the entity would be required to mark this information on the end of the line that is attached to the building or structure after the entity discovers that the line does not contain the markings. Under the bill, an entity that fails to comply with the requirements of the bill concerning the removal of abandoned lines or the marking of lines may be subject to a fine after the BPU has submitted a written notice of an alleged violation to the entity. Specifically, the bill provides that if the entity fails to cure the alleged violation within 30 calendar days after receiving the notice, the BPU may impose a fine of $500 for each day in which the violation exists, beginning on the 31st calendar day after the submission of the notice. The bill also sets forth various factors that the BPU may consider when determining whether to impose a fine, and if appropriate, the amount of the fine.

Committee Categories

Teresa Ruiz (D)*,  Brian Stack (D)*,  Joe Cryan (D), 

Withdrawn Because Approved P.L.2023, c.293. (on 01/09/2024)

Official Document