New York Codes, Rules and Regulations
Title 16 - DEPARTMENT OF PUBLIC SERVICE
Chapter VI - TELEPHONE AND TELEGRAPH CORPORATIONS
Subchapter A - Service
Part 604 - New Construction Of Distribution Facilities In Residential Subdivisions
Section 604.9 - Special conditions
Current through Register Vol. 46, No. 12, March 20, 2024
(a) This section governs the new construction of distribution and feeder facilities performed pursuant to this Part.
(b) In unusual circumstances when the application of this Part appears impracticable or unjust to either party or discriminatory to other customers, the utility providing service or the applicant may file a petition, in accordance with the requirements of section 3.5 of this Title, for a special ruling or for the approval of special conditions which may be mutually agreed upon before construction is commenced, which petition shall set forth relevant economic, engineering, and environmental factors.
(c) If the utility or the applicant believes that the new construction of underground distribution or feeder facilities within a residential subdivision would be less environmentally desirable than the new construction of overhead facilities, the utility or applicant may request that the secretary of the commission grant an exception. The request shall be sent to the secretary in accordance with the requirements of section 3.5 of this Title. The request shall:
Requests and petitions shall be granted or denied based on environmental, economic and engineering factors.
(d) Service to a residential subdivision may be supplied overhead if no governmental authority having jurisdiction to do so has required underground installation and the utility can provide such service:
(e) Where a one-pole extension (whether or not it crosses a road) would enable an existing overhead distribution facility to be connected to a proposed distribution facility in a residential subdivision, such extension may be installed overhead rather than underground; provided.
[FN16] In order to determine whether 1,200 feet or more of facilities must be constructed to connect existing overhead facilities, the measurement should be along the route of construction. This will usually be the street within the residential subdivision.