Goto Section: 1.1418 | 1.1422 | Table of Contents
FCC 1.1420
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.1420 Timeline for access to utility poles.
(a) The term “attachment” means any attachment by a cable television
system or provider of telecommunications service to a pole owned or
controlled by a utility.
(b) All time limits in this subsection are to be calculated according
to § 1.4.
(c) Survey. A utility shall respond as described in § 1.1403(b) to a
cable operator or telecommunications carrier within 45 days of receipt
of a complete application to attach facilities to its utility poles (or
within 60 days, in the case of larger orders as described in paragraph
(g) of this section). This response may be a notification that the
utility has completed a survey of poles for which access has been
requested. A complete application is an application that provides the
utility with the information necessary under its procedures to begin to
survey the poles.
(d) Estimate. Where a request for access is not denied, a utility shall
present to a cable operator or telecommunications carrier an estimate
of charges to perform all necessary make-ready work within 14 days of
providing the response required by § 1.1420(c), or in the case where a
prospective attacher's contractor has performed a survey, within 14
days of receipt by the utility of such survey.
(1) A utility may withdraw an outstanding estimate of charges to
perform make-ready work beginning 14 days after the estimate is
presented.
(2) A cable operator or telecommunications carrier may accept a valid
estimate and make payment anytime after receipt of an estimate but
before the estimate is withdrawn.
(e) Make-ready. Upon receipt of payment specified in paragraph (d)(2)
of this section, a utility shall notify immediately and in writing all
known entities with existing attachments that may be affected by the
make-ready.
(1) For attachments in the communications space, the notice shall:
(i) Specify where and what make-ready will be performed.
(ii) Set a date for completion of make-ready that is no later than 60
days after notification is sent (or 105 days in the case of larger
orders, as described in paragraph (g) of this section).
(iii) State that any entity with an existing attachment may modify the
attachment consistent with the specified make-ready before the date set
for completion.
(iv) State that the utility may assert its right to 15 additional days
to complete make-ready.
(v) State that if make-ready is not completed by the completion date
set by the utility (or, if the utility has asserted its 15-day right of
control, 15 days later), the cable operator or telecommunications
carrier requesting access may complete the specified make-ready.
(vi) State the name, telephone number, and e-mail address of a person
to contact for more information about the make-ready procedure.
(2) For wireless attachments above the communications space, the notice
shall:
(i) Specify where and what make-ready will be performed.
(ii) Set a date for completion of make-ready that is no later than 90
days after notification is sent (or 135 days in the case of larger
orders, as described in paragraph (g) of this section).
(iii) State that any entity with an existing attachment may modify the
attachment consistent with the specified make-ready before the date set
for completion.
(iv) State that the utility may assert its right to 15 additional days
to complete make-ready.
(v) State the name, telephone number, and e-mail address of a person to
contact for more information about the make-ready procedure.
(f) For wireless attachments above the communications space, a utility
shall ensure that make-ready is completed by the date set by the
utility in paragraph (e)(2)(ii) of this section (or, if the utility has
asserted its 15-day right of control, 15 days later).
(g) For the purposes of compliance with the time periods in this
section:
(1) A utility shall apply the timeline described in paragraphs (c)
through (e) of this section to all requests for pole attachment up to
the lesser of 300 poles or 0.5 percent of the utility's poles in a
state.
(2) A utility may add 15 days to the survey period described in
paragraph (c) of this section to larger orders up to the lesser of 3000
poles or 5 percent of the utility's poles in a state.
(3) A utility may add 45 days to the make-ready periods described in
paragraph (e) of this section to larger orders up to the lesser of 3000
poles or 5 percent of the utility's poles in a state.
(4) A utility shall negotiate in good faith the timing of all requests
for pole attachment larger than the lesser of 3000 poles or 5 percent
of the utility's poles in a state.
(5) A utility may treat multiple requests from a single cable operator
or telecommunications carrier as one request when the requests are
filed within 30 days of one another.
(h) A utility may deviate from the time limits specified in this
section:
(1) Before offering an estimate of charges if the parties have no
agreement specifying the rates, terms, and conditions of attachment.
(2) During performance of make-ready for good and sufficient cause that
renders it infeasible for the utility to complete the make-ready work
within the prescribed time frame. A utility that so deviates shall
immediately notify, in writing, the cable operator or
telecommunications carrier requesting attachment and other affected
entities with existing attachments, and shall include the reason for
and date and duration of the deviation. The utility shall deviate from
the time limits specified in this section for a period no longer than
necessary and shall resume make-ready performance without
discrimination when it returns to routine operations.
(i) If a utility fails to respond as specified in paragraph (c) of this
section, a cable operator or telecommunications carrier requesting
attachment in the communications space may, as specified in § 1.1422,
hire a contractor to complete a survey. If make-ready is not complete
by the date specified in paragraph (e)(1)(ii) of this section, a cable
operator or telecommunications carrier requesting attachment in the
communications space may hire a contractor to complete the make-ready:
(1) Immediately, if the utility has failed to assert its right to
perform remaining make-ready work by notifying the requesting attacher
that it will do so; or
(2) After 15 days if the utility has asserted its right to perform
make-ready by the date specified in paragraph (e)(1)(ii) of this
section and has failed to complete make-ready.
[ 76 FR 26640 , May 9, 2011]
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Goto Section: 1.1418 | 1.1422
Goto Year: 2011 |
2013
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