N.Y. Comp. Codes R. & Regs. tit. 16, § 608.1 – Applicability.

(a) The requirement of section 608.2(a) of this Part applies to the new construction of distribution and feeder facilities (other than pursuant to either the provisions of Part 604 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 subdivision 608.2(h) of this Part:
1. (1) has no statutory authority to require the underground construction of the particular distribution or feeder 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 electric company has been permitted to install an overhead distribution or service line necessary to furnish permanent electric service in a particular VSR in accordance with the procedures set forth in section 99.2 of this Title, a utility may install a distribution or feeder facility necessary to furnish permanent telephone service overhead using the poles which were used for the electric line.
(c) This Part shall remain in full force and effect for a period of five years after its effective date.