§224 Pole attachments

Summary

The Federal Communications Commission (FCC) must make and enforce fair rules about how companies attach wires and cables to utility poles, ducts, conduits, and rights-of-way. Definitions: a “utility” is a local phone, electric, gas, water, steam, or similar public utility that owns those poles (but not railroads, cooperatives, or federal/state-owned entities); a “pole attachment” is a cable TV or telecom company’s attachment to those structures; “usable space” is the space above minimum grade that can hold wires and equipment; and “telecommunications carrier” here does not include an incumbent local exchange carrier. The FCC must set rates, terms, and complaint procedures so charges are just and reasonable and can issue orders to enforce them. States may regulate instead if they certify they do so and have rules and act on complaints within 180 days (or within a state period not longer than 360 days). A fair rate must let the utility recover at least its extra costs but not more than the share of total pole costs equal to the percentage of usable space or duct capacity taken by the attachment. The FCC had to make special rules for telecom carriers’ charges if parties can’t agree, with those rules to be written by 2 years after February 8, 1996 and to take effect 5 years after February 8, 1996; any rate increases from those rules are phased in equally over 5 years. Utilities must give nondiscriminatory access, though electric utilities can refuse access for lack of capacity or for safety, reliability, or engineering reasons. Utilities that also sell telecom or cable services must charge their affiliates the same pole rate. Owners must notify attachers before changing a pole so attachers can change their equipment; attachers who add or modify after notice pay their share of the owner’s access costs. If an existing attachment must be moved because another party adds or changes an attachment, the existing attacher does not have to pay the move costs.