N.Y. Comp. Codes R. & Regs. tit. 16, § 99.1 – Applicability.

(a) The requirements of section 99.2(a) of this Part apply to the new construction of distribution lines, service lines and appurtenant facilities (other than pursuant to either the provisions of Part 100 of this Title that require underground construction, or to the requirement of any other governmental authority having jurisdiction to require underground construction) on public and private land in VSRs where an agency referred to in section 99.2(h) of this section:
1. (1) has no statutory authority to require the underground construction of a particular distribution line, service line or appurtenant facility; and
2. (2) has supplied to the affected utility(ies) and to the commission a map of the particular VSR (at a scale appropriate to such VSR) showing its boundaries in sufficient detail to permit the utility to comply with the requirements of this Part.
(b) Notwithstanding the provisions of this Part, where any telephone company has been permitted to install a distribution or feeder facility necessary to furnish permanent telephone service overhead in a particular VSR, in accordance with the procedures set forth in section 608.2 of this Title, a utility may install a distribution line, service line or appurtenant facilities necessary to furnish permanent electric service overhead using the poles which were used for the telephone facility.
(c) This Part shall remain in full force and effect for a period of five years after its effective date.