H1619B2086A02625 MAB:CDM 10/18/23 #90 A02625
AMENDMENTS TO HOUSE BILL NO. 1619
Sponsor: REPRESENTATIVE MARSHALL
Printer's No. 2086
Amend Bill, page 1, line 13, by inserting after "use"
or retention
Amend Bill, page 2, line 2, by striking out "jurisdictional"
and inserting
the rates, terms and conditions of the
Amend Bill, page 2, line 3, by inserting after "attachments"
on a public utility's infrastructure
Amend Bill, page 2, by inserting between lines 9 and 10
(4) Notwithstanding any other provision of law, an
attached infrastructure owner that chooses to attach
infrastructure to a public utility-owned pole is within the
commissions jurisdiction for purposes of subsection (b).
Amend Bill, page 2, line 13, by inserting after "removal"
of damaged or unused utility poles, or remnants thereof,
under the control of entities under commission jurisdiction
Amend Bill, page 2, lines 19 through 24, by striking out all
of said lines and inserting
(2) A requirement that an attached infrastructure owner
register with the commission annually and provide and
maintain current contact information for a responsible point
of contact and legal service agent in each public utility
pole owner's service territory and identify the county, city,
township and borough where the attached infrastructure owner
has attached facilities on a public utility-owned pole.
Amend Bill, page 2, line 25, by inserting after "a"
public utility
Amend Bill, page 3, line 2, by inserting after "a"
public utility
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Amend Bill, page 3, line 5, by striking out "a third-party
utility pole attacher" and inserting
an attached infrastructure owner
Amend Bill, page 3, line 14, by inserting after "a"
public utility
Amend Bill, page 3, line 16, by inserting after "the" where
it occurs the first time
public utility
Amend Bill, page 3, lines 18 and 19, by striking out "a
third-party utility pole attacher " and inserting
an attached infrastructure owner
Amend Bill, page 3, line 21, by inserting after "a" where it
occurs the first time
public utility
Amend Bill, page 3, line 22, by striking out "a third-party
utility pole attacher" and inserting
an attached infrastructure owner
Amend Bill, page 3, line 22, by inserting after "the"
public utility
Amend Bill, page 3, lines 24 and 25, by striking out "third-
party utility pole attacher's " and inserting
attached infrastructure owner's
Amend Bill, page 3, lines 26 and 27, by striking out "third-
party utility pole attacher's " and inserting
attached infrastructure owner's
Amend Bill, page 3, line 29, by striking out "third-party
utility pole attacher" and inserting
attached infrastructure owner
Amend Bill, page 4, by inserting between lines 3 and 4
(9) Authorizing the imposition of civil penalties, in
accordance with 66 Pa.C.S. ยง 3301(a) (relating to civil
penalties for violations), against attached infrastructure
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owners that violate the commission's final-form regulations
amending 52 Pa. Code Ch. 77 (relating to pole attachments) to
implement this section.
Amend Bill, page 4, lines 21 through 28, by striking out all
of said lines and inserting
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Attached infrastructure owner." Either a public utility
defined in section 102 (relating to definitions) attaching
infrastructure to another public utility's pole or a nonutility
entity attaching infrastructure to the poles of a public
utility.
"Double utility pole." An area where a full or remnant part
of a damaged or outmoded utility pole remains present or in
service after the installation of a newly installed replacement
utility pole because the attached electric, telephone, cable or
other infrastructure has not migrated from the damaged or
outmoded utility pole to the newly installed replacement utility
pole. The term includes the situation where attached electric,
telephone, cable or other infrastructure has been migrated, but
the damaged or outmoded utility pole or remnant thereof remains
in place.
"Public utility pole owner." A public utility defined in
section 102.
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