Sec. 1.1402  Definitions.

    (a) The term utility means any person that is a local exchange 
carrier or an electric, gas, water, steam, or other public utility, and 
who owns or controls poles, ducts, conduits, or rights-of-way used, in 
whole or in part, for any wire communications. Such term does not 
include any railroad, any person that is cooperatively organized, or any 
person owned by the Federal Government or any State.
    (b) The term pole attachment means any attachment by a cable 
television system or provider of telecommunications service to a pole, 
duct, conduit, or right-of-way owned or controlled by a utility.
    (c) The term usable space means the space on a utility pole above 
the minimum grade level which can be used for the attachment of wires, 
cables, and associated equipment.
    (d) The term complaint means a filing by a cable television system 
operator, a cable television system association, a utility, an 
association of utilities, a telecommunications carrier, or an 
association of telecommunications carriers alleging that it has been 
denied access to a utility pole, duct, conduit, or right-of-way in 
violation of this subpart and/or that a rate, term, or condition for a 
pole attachment is not just and reasonable.
    (e) The term complainant means a cable television system operator, a 
cable television system association, a utility, an association of 
utilities, a telecommunications carrier, or an association of 
telecommunications carriers who files a complaint.
    (f) The term respondent means a cable television system operator, a 
utility, or a telecommunications carrier against whom a complaint is 
filed.
    (g) The term State means any State, territory, or possession of the 
United States, the District of Columbia, or any political subdivision, 
agency, or instrumentality thereof.
    (h) For purposes of this subpart, the term telecommunications 
carrier means any provider of telecommunications services, except that 
the term does not include aggregators of telecommunications services (as 
defined in 47 U.S.C. 226) or incumbent local exchange carriers (as 
defined in 47 U.S.C. (h)).
[43 251 FR 36094 , Aug. 15, 1978, as amended at  52 FR 31770 , Aug. 24, 1987; 
 61 FR 43024 , Aug. 20, 1996;  61 FR 45618 , Aug. 29, 1996]

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