§  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) With respect to poles, 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, and which
   includes space occupied by the utility. With respect to conduit, the
   term usable space means capacity within a conduit system which is
   available, or which could, with reasonable effort and expense, be made
   available, for the purpose of installing wires, cable and associated
   equipment for telecommunications or cable services, and which includes
   capacity occupied by the utility.

   (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. It also means a filing by
   an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h)) or
   an association of incumbent local exchange carriers alleging 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, an association of
   telecommunications carriers, an incumbent local exchange carrier (as
   defined in 47 U.S.C. 251(h)) or an association of incumbent local
   exchange 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. 251(h)).

   (i) The term conduit means a structure containing one or more ducts,
   usually placed in the ground, in which cables or wires may be
   installed.

   (j) The term conduit system means a collection of one or more conduits
   together with their supporting infrastructure.

   (k) The term duct means a single enclosed raceway for conductors, cable
   and/or wire.

   (l) With respect to poles, the term unusable space means the space on a
   utility pole below the usable space, including the amount required to
   set the depth of the pole.

   (m) The term attaching entity includes cable system operators,
   telecommunications carriers, incumbent and other local exchange
   carriers, utilities, governmental entities and other entities with a
   physical attachment to the pole, duct, conduit or right of way. It does
   not include governmental entities with only seasonal attachments to the
   pole.

   (n) The term inner-duct means a duct-like raceway smaller than a duct
   that is inserted into a duct so that the duct may carry multiple wires
   or cables.

   [ 43 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;  63 FR 12024 ,
   Mar. 12, 1998;  65 FR 31281 , May 17, 2000;  66 FR 34580 , June 29, 2001;
    76 FR 26638 , May 9, 2011]