N.Y. Public Service Law § 104: Fiber-based services

§ 104. Fiber-based services. 1. Where a telephone line, as such term

is defined in subdivision eighteen of section two of this chapter, or a

portion of a telephone line, has previously been placed by a telephone

corporation in or on a building or other property of an owner other than

the telephone corporation and remains in place in or on such building or

other property, the telephone corporation may, without any additional

compensation to the owner, replace or supplement the line or portion of

such line with fiber optic facilities for purposes of providing any

telephone, broadband, cable or other video service that the telephone

corporation or its affiliate may lawfully provide, provided that the

provision of such services over those facilities does not result in a

significant increase in the physical size of the facilities placed at

those locations.

2. If the owner would be entitled to compensation for such replacement

under existing law, the owner of the property may seek such compensation

under the mechanism and pursuant to the substantive and procedural rules

utilized by the public service commission for resolving claims for just

compensation under section two hundred twenty-eight of this chapter, but

the pendency of such proceedings shall not affect the right of the

telephone company to make the replacement or supplementation authorized

by this section.

3. A landlord or property owner may require: (a) that the telephone

corporation or the tenant or a combination thereof bear the entire cost

of the installation, operation or removal of such facilities; (b) that

the telephone corporation agrees to indemnify the landlord or property

owner for any damage caused by the installation, operation or removal of

such facilities; and (c) that the installation of the fiber optic

facilities conform to such reasonable conditions as are necessary to

protect the safety, functioning and appearance of the premises, and the

convenience and well-being of other tenants.

4. No landlord shall: (a) demand or accept payment from any tenant, in

any form, in exchange for permitting fiber optic service on or within

such landlord's property or premises; or (b) discriminate in rental

charges or otherwise, between tenants who receive fiber optic service

and those who do not.