FCC Web Documents citing 1.1417

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • Act. The argument for these rules has been bolstered by the entry of utilities into the telecommunications field. Additionally, because the Commission has significantly revised and clarified this rule in the last two years, modification or repeal of the Subpart J rules is not recommended. Comments USTA recommends that the Commission streamline the pole attachment rules. USTA believes that Section 1.1417(d), which requires a carrier to determine an average number of attachers per pole based on three demographic zones within a state, creates a significant administrative burden and makes location definitions confusing, overlapping and far more complex than necessary. USTA also argues that the Commission should not require that carriers utilize Part 32 to determine the operating expenses and actual capital
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-170A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-170A1.txt
  • and telecommunications carriers: simplified as: If no inner-duct is installed the fraction, "1 Duct divided by the No. of Inner-Ducts" is presumed to be ½. (f) Paragraph (e)(2) of this section shall become effective February 8, 2001 (i.e., five years after the effective date of the Telecommunications Act of 1996). * * * * * * * * 4. Amend §1.1417 to revise paragraphs (a), (b), (c), and the first sentence of paragraph (d) to read as follows: § 1.1417 Allocation of Unusable Space Costs. (a) With respect to the formula referenced in Section 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.txt
  • ARMIS and the FERC Form 1 accounts and the Commission's rebuttable presumptions of 37.5 feet for the height of a pole, 24 feet for the unusable space on a pole, 13.5 feet for the usable space, 1 foot for the space occupied by an attachment, 3 attachers in non-urban areas, and 5 attachers in urban areas. See 47 C.F.R. §§ 1.1417-18. Pole counts for utilities are based on filings in this record; incumbent LEC pole counts are from ARMIS data. See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§601-12, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See 5 U.S.C. § 603(a). See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.txt
  • increase or modification; petition for temporary stay; and cable operator notice. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Numbers of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. 1.1417 Allocation of Unusable Space Costs. 1.1418 Use of presumptions in calculating the space factor. 1.1420 Timeline for access to utility poles. 1.1422 Contractors for survey and make-ready. 1.1424 Complaints by incumbent local exchange carriers. * * * Section 1.1401 is revised to read as follows: § 1.1401 Purpose. The rules and regulations contained in subpart J of this part provide
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00116.doc
  • divided by the No. of Inner-Ducts" is presumed to be ½. (4) Subject to paragraph (f) the following formula shall apply to pole attachments within a conduit system beginning on February 8, 2001: Maximum Conduit Rate = Conduit Unusable Space Factor + Conduit Usable Space Factor For purposes of this formula, the conduit unusable space factor, as defined under Section 1.1417(c), and the conduit usable space factor, as defined under Section 1.1418(c), shall apply to each linear foot occupied. (f) Paragraphs (e)(2) and (e)(4) of this section shall become effective February 8, 2001 (i.e., five years after the effective date of the Telecommunications Act of 1996). Any increase in the rates for pole attachments that result from the adoption of such
• http://www.fcc.gov/ogc/documents/opinions/2000/98-6222.doc http://www.fcc.gov/ogc/documents/opinions/2000/98-6222.html
  • the costs of providing usable space among all entities according to the percentage of usable space required for each entity. achers) x (carrying charges). The ``usable space'' factor for conduits = ½ x (1 duct divided by the average number of ducts less adjustments for maintenance ducts) x (linear cost of usable conduit space) x (carrying charges). 47 C.F.R. §§ 1.1417, 1.1418 (1999); Report and Order, 13 F.C.C.R. at 6820-33. For example, if the party seeking attachment complains that the utility is demanding an unreasonable rent (i.e., more than the maximum allowed under the FCC's formula), it bears the burden of proving that the rent demanded is more than the fully allocated costs of the pole. It is possible that the