Sec.  1.1417   Allocation of Unusable Space Costs.

   (a) With respect to the formula referenced in  Sec. 1.1409(e)(2), a utility shall
   apportion  the cost of providing unusable space on a pole so that such
   apportionment equals two-thirds of the costs of providing unusable space
   that would be allocated to such entity under an equal apportionment of such
   costs among all attaching entities.

   (b)  All  attaching entities attached to the pole shall be counted for
   purposes of apportioning the cost of unusable space.

   (c) Utilities may use the following rebuttable presumptive averages when
   calculating the number of attaching entities with respect to the formula
   referenced in  Sec. 1.1409(e)(2). For non-urbanized service areas (under 50,000
   population), a presumptive average number of attaching entities of three
   (3).  For  urbanized  service  areas  (50,000 or higher population), a
   presumptive average number of attaching entities of five (5). If any part of
   the utility's service area within the state has a designation of urbanized
   (50,000  or  higher population) by the Bureau of Census, United States
   Department of Commerce, then all of that service area shall be designated as
   urbanized for purposes of determining the presumptive average number of
   attaching entities.

   (d) A utility may establish its own presumptive average number of attaching
   entities for its urbanized and non-urbanized service area as follows:

   (1) Each utility shall, upon request, provide all attaching entities and all
   entities seeking access the methodology and information upon which the
   utilities presumptive average number of attachers is based.

   (2) Each utility is required to exercise good faith in establishing and
   updating its presumptive average number of attachers.

   (3) The presumptive average number of attachers may be challenged by an
   attaching entity by submitting information demonstrating why the utility's
   presumptive average is incorrect. The attaching entity should also submit
   what it believes should be the presumptive average and the methodology used.
   Where a complete inspection is impractical, a statistically sound survey may
   be submitted.

   (4) Upon successful challenge of the existing presumptive average number of
   attachers, the resulting data determined shall be used by the utility as the
   presumptive number of attachers within the rate formula.

   [ 63 FR 12026 , Mar. 12, 1998, as amended at  66 FR 34581 , June 29, 2001]

   Effective Date Note:   At  63 FR 12026 , Mar. 12, 1998,  Sec. 1.1417 was added. The
   section contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.