Sec.  1.1416   Imputation of rates; modification costs.

   (a) A utility that engages in the provision of telecommunications services
   or cable services shall impute to its costs of providing such services (and
   charge any affiliate, subsidiary, or associate company engaged in the
   provision of such services) an equal amount to the pole attachment rate for
   which such company would be liable under this section.

   (b) The costs of modifying a facility shall be borne by all parties that
   obtain access to the facility as a result of the modification and by all
   parties that directly benefit from the modification. Each party described in
   the preceding sentence shall share proportionately in the cost of the
   modification. A party with a preexisting attachment to the modified facility
   shall be deemed to directly benefit from a modification if, after receiving
   notification of such modification as provided in subpart J of this part, it
   adds to or modifies its attachment. Notwithstanding the foregoing, a party
   with a preexisting attachment to a pole, conduit, duct or right-of-way shall
   not be required to bear any of the costs of rearranging or replacing its
   attachment if such rearrangement or replacement is necessitated solely as a
   result of an additional attachment or the modification of an existing
   attachment sought by another party. If a party makes an attachment to the
   facility after the completion of the modification, such party shall share
   proportionately in the cost of the modification if such modification
   rendered possible the added attachment.

   [ 61 FR 43025 , Aug. 20, 1996;  61 FR 45619 , Aug. 29, 1996]