N.Y. Comp. Codes R. & Regs. tit. 17 § 131.3
Utilities organized pursuant to the Transportation Corporations Law (TCL), as described in section 3, subdivision 1, 2 or 6 of the TCL, utilities subject to article 28 of the Executive Law and such utility corporations that are authorized pursuant to section 4 or 5 of the TCL that furnish the same services, have certain rights based in statute to occupy certain types of State highway rights-of-way, subject to conditions prescribed by the department, and subject to the right of the department to use its rights-of-way for all purposes authorized to it by law. In addition to the above, utilities such as gas and electric corporations, article 2, TCL; telegraph and telephone corporations, article 3, TCL; and cablevision corporations, article 28 of the Executive Law, have the legislated grant to occupy certain types of State highway rights-of-way without the payment of a use and occupancy fee. In addition to the above first sentence, utilities such as pipe line corporations, article 7, TCL (a limited legislated grant to occupy certain types of State highway rights-of-way); water-works corporations, article 4, TCL, district steam corporations, article 9, TCL, sewage-works corporations, article 10, TCL; and utility corporations that are authorized pursuant to section 4 or 5 of the TCL that furnish the same services; that are not municipal corporations nor owned by a municipal corporation may occupy certain types of State highway rights-of-way with the payment of any use and occupancy fee imposed by the department. Utilities owned by municipal corporations, including public authorities, while enjoying no legislated grant to occupy the rights-of-way, have traditionally been authorized the right to occupy certain types of State highway rights-of-way, subject to conditions prescribed by the department, and to the right of the department to use its rights-of-way for all lawful purposes. Thus, such utilities in New York State, either operating under a franchise granted by law or pursuant to law, or a political subdivision of the State, use and occupy the State highway rights-of- way in furtherance of their legal obligations under the Public Service Law, article 28 of the Executive Law, or other statute to provide service to the public. Utility facilities not serving the public, but devoted to private purposes, have no legislated right to occupy the State highway rights-of-way, however the department is authorized to permit private utilities to occupy the State highway rights-of-way and may issue a use and occupancy permit as provided in this Part.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.3