Goto Section: 1.1402 | 1.1404 | Table of Contents
FCC 1.1403
Revised as of October 1, 2008
Goto Year:2007 |
2009
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.
Goto Section: 1.1402 | 1.1404
Goto Year: 2007 |
2009
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