§224 Pole Attachments

Summary

Requires fair rules for allowing cable and phone companies to attach wires and equipment to poles, ducts, conduits, or rights-of-way owned by utilities. Defines key words in one line each: "utility" means local phone or public utility that owns or controls poles or rights-of-way (does not include railroads, cooperatives, or government-owned entities); "pole attachment" means a cable or telecom hookup to those poles or pathways; "Federal Government" and "State" mean the U.S. government or state governments and their parts; and "telecommunications carrier" here excludes incumbent local exchange carriers. Gives the Federal Communications Commission power to set and enforce just, reasonable, and nondiscriminatory rates, terms, and complaint procedures unless a State regulates these matters and certifies it does so. A just and reasonable rate must let the utility recover at least its extra costs but not more than the attaching party’s share of usable space times the utility’s operating and capital costs. "Usable space" is the space above minimum ground level where attachments can go. The FCC had to write rules by 2 years after February 8, 1996, and those rules become effective 5 years after February 8, 1996; any rate increases from those rules are phased in evenly over 5 years starting on the effective date. Utilities must split costs for non-usable space so each party pays two-thirds of what equal sharing would assign, and usable space costs are split by the percentage of space each user needs. Utilities must give nondiscriminatory access, though electric utilities may deny access on a nondiscriminatory basis when capacity, safety, reliability, or engineering reasons prevent attachments. Utilities that also sell telecom or cable services must charge their own affiliates the same pole rate. Owners must notify attachers before altering poles or pathways so attachers can adjust; if an attacher adds or changes its hookup after notice, it pays its share of owner costs. An attacher does not have to pay to move or replace its equipment if that work is needed because someone else added or changed an attachment.