Sec. 1.1403  Duty to provide access; modifications; notice of removal, 
          increase or modification; petition for temporary stay.

    (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.
[61 1997 FR 45618 , Aug. 29, 1996]