STATEMENT TO

[First Reprint]

ASSEMBLY, No. 1100

with Assembly Floor Amendments

(Proposed by Assemblyman CALABRESE)

ADOPTED: JANUARY 26, 2023

      These floor amendments provide various changes to the definition of “abandoned,” including: (1) expanding the term to include any telecommunications or cable line that is not terminated at both ends to equipment or to a customer’s premises, as well as any telecommunications or cable line that is not maintained in a safe condition; (2) excluding any telecommunications or cable line that has not been in operation for at least 24 consecutive months, provided that the owner of a structure to which the line is attached has expressed interest to the entity in the future use of the line; and (3) removing an exclusion for certain lines for which a written request for removal was not submitted.

      The amendments provide that if an entity determines that a line is abandoned, the entity would be required to remove the line within 30 calendar days of receiving the request for removal.  The amendments also remove the requirement for these requests to be submitted in written form.  The amendments also clarify that nothing in this bill would prevent or prohibit a person, municipality, utility, or corporation from directly notifying an entity of a suspected abandoned line.

      Additionally, the amendments revise the process through which an entity is required to report requests for the removal of abandoned lines to the Board of Public Utilities (BPU).  Specifically, the amendments remove a requirement for entities to transmit a copy of any request for removal, submitted by the owner of a structure to which the line is attached, within five business days of receiving the request.  The amendments also remove a requirement for entities to submit individual reports to the BPU, within 30 calendar days of receiving a request for removal, which report would document all actions taken by the entity concerning the request.  Instead, the amendments require each entity to submit a written report to the BPU every 90 calendar days, which report describes all complaints and requests received by the entity during the reporting period concerning a suspected abandoned line. 

      The amendments also provide that if an employee of an entity discovers an abandoned line during the course of the employee’s employment, the employee would have an affirmative duty to report the abandoned line to the entity.  Thereafter, the entity would be required to transmit a copy of the report to the BPU within five business days.

      In addition, the amendments provide that an entity may be subject to a fine for any violation of section 2 or 3 of the bill.  Previously, a fine could only have been imposed for a violation of section 2 of the bill.  The amendments also clarify that the BPU may also consider certain factors set forth in the bill when determining the amount of any fine that may be imposed upon an entity. 

      The amendments also authorize the BPU to adopt rules and regulations necessary to implement the provisions of this bill with respect to any entities under its jurisdiction.  The amendments also provide that the BPU may be assisted by other agencies and departments in the promulgation of these rules and regulations.