Sec.  1.1403   Duty to provide access; modifications; notice of removal, increase
or modification; petition for temporary stay; and cable operator notice.

   (a)  A  utility  shall  provide  a  cable  television  system  or  any
   telecommunications carrier with nondiscriminatory access to any pole, duct,
   conduit, or right-of-way owned or controlled by it. Notwithstanding this
   obligation,  a  utility  may  deny  a  cable  television system or any
   telecommunications  carrier  access  to its poles, ducts, conduits, or
   rights-of-way, on a non-discriminatory basis where there is insufficient
   capacity or for reasons of safety, reliability and generally applicable
   engineering purposes.

   (b)  Requests  for  access  to  a  utility's poles, ducts, conduits or
   rights-of-way by a telecommunications carrier or cable operator must be in
   writing. If access is not granted within 45 days of the request for access,
   the  utility  must  confirm the denial in writing by the 45th day. The
   utility's denial of access shall be specific, shall include all relevant
   evidence and information supporting its denial, and shall explain how such
   evidence and information relate to a denial of access for reasons of lack of
   capacity, safety, reliability or engineering standards.

   (c)  A  utility  shall  provide  a cable television system operator or
   telecommunications carrier no less than 60 days written notice prior to:

   (1) Removal of facilities or termination of any service to those facilities,
   such removal or termination arising out of a rate, term or condition of the
   cable television system operator's of telecommunications carrier's pole
   attachment agreement;

   (2) Any increase in pole attachment rates; or

   (3)  Any  modification of facilities other than routine maintenance or
   modification in response to emergencies.

   (d) A cable television system operator or telecommunications carrier may
   file a “Petition for Temporary Stay” of the action contained in a notice
   received pursuant to paragraph (c) of this section within 15 days of receipt
   of such notice. Such submission shall not be considered unless it includes,
   in concise terms, the relief sought, the reasons for such relief, including
   a showing of irreparable harm and likely cessation of cable television
   service  or  telecommunication  service,  a  copy  of  the notice, and
   certification of service as required by  Sec. 1.1404(b). The named respondent may
   file an answer within 7 days of the date the Petition for Temporary Stay was
   filed. No further filings under this section will be considered unless
   requested or authorized by the Commission and no extensions of time will be
   granted unless justified pursuant to  Sec. 1.46.5.

   (e) Cable operators must notify pole owners upon offering telecommunications
   services.

   [ 61 FR 45618 , Aug. 29, 1996, as amended at  63 FR 12025 , Mar. 12, 1998]

   Effective Date Note:   At  63 FR 12025 , Mar. 12, 1998,  Sec. 1.1403 was amended by
   revising the heading and adding new paragraph (e). The added text contains
   information collection and recordkeeping requirements and will not become
   effective until approval has been given by the Office of Management and
   Budget.