The Third Department, in a full-fledged opinion by Justice Peters, reversing Supreme Court, determined that fiber-optic cables are not taxable real property under Real Property Tax Law (RPTL) 102. The taxpayer leases systems composed of permanently affixed coaxial and fiber optic cable, and indoor and outdoor “distributed antenna systems” (DAS) or small cell systems to organizations, including wireless carriers and other telecommunication providers. The letter ruling included a taxpayer's. acquires telecommunication infrastructure assets (the “Systems”) and then leases, licenses and/or otherwise rants the use of the Systems to unrelated third party wireless carriers (the “Users”). Taxpayer owns the Systems through one or more entities that will be disregarded for federal income tax. In two recent private letter rulings (PLR 202132002 and PLR 202133003), the IRS has ruled that payments received by a real estate investment trust (REIT) for the right to use capacity on the REIT's fiber optic cables qualify as "rents from real property" for purposes of IRC Section 856 (c) (2) and. Reversing a decision of the trial court, the Appellate Division, Third Department, has held that fiber optic cable installations are not taxable real property because they do not "distribute" light, heat, or power within the meaning of the statute. However, petitioner telecommunications company was not entitled to a refund of taxes paid because no. Taxpayer requested rulings under section 856 of the Internal Revenue Code (“Code”) with respect to amounts received by Taxpayer for the use of Taxpayer's fiber optic cable. Taxpayer is a corporation organized in State.