Goto Section: 1.1418 | 1.1422 | Table of Contents
FCC 1.1420
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1420 Timeline for access to utility poles.
(a) The term “attachment” means any attachment by a cable television system
or provider of telecommunications service to a pole owned or controlled by a
utility.
(b) All time limits in this subsection are to be calculated according to
§ 1.4.
(c) Survey. A utility shall respond as described in § 1.1403(b) to a cable
operator or telecommunications carrier within 45 days of receipt of a
complete application to attach facilities to its utility poles (or within 60
days, in the case of larger orders as described in paragraph (g) of this
section). This response may be a notification that the utility has completed
a survey of poles for which access has been requested. A complete
application is an application that provides the utility with the information
necessary under its procedures to begin to survey the poles.
(d) Estimate. Where a request for access is not denied, a utility shall
present to a cable operator or telecommunications carrier an estimate of
charges to perform all necessary make-ready work within 14 days of providing
the response required by § 1.1420(c), or in the case where a prospective
attacher's contractor has performed a survey, within 14 days of receipt by
the utility of such survey.
(1) A utility may withdraw an outstanding estimate of charges to perform
make-ready work beginning 14 days after the estimate is presented.
(2) A cable operator or telecommunications carrier may accept a valid
estimate and make payment anytime after receipt of an estimate but before
the estimate is withdrawn.
(e) Make-ready. Upon receipt of payment specified in paragraph (d)(2) of
this section, a utility shall notify immediately and in writing all known
entities with existing attachments that may be affected by the make-ready.
(1) For attachments in the communications space, the notice shall:
(i) Specify where and what make-ready will be performed.
(ii) Set a date for completion of make-ready that is no later than 60 days
after notification is sent (or 105 days in the case of larger orders, as
described in paragraph (g) of this section).
(iii) State that any entity with an existing attachment may modify the
attachment consistent with the specified make-ready before the date set for
completion.
(iv) State that the utility may assert its right to 15 additional days to
complete make-ready.
(v) State that if make-ready is not completed by the completion date set by
the utility (or, if the utility has asserted its 15-day right of control, 15
days later), the cable operator or telecommunications carrier requesting
access may complete the specified make-ready.
(vi) State the name, telephone number, and e-mail address of a person to
contact for more information about the make-ready procedure.
(2) For wireless attachments above the communications space, the notice
shall:
(i) Specify where and what make-ready will be performed.
(ii) Set a date for completion of make-ready that is no later than 90 days
after notification is sent (or 135 days in the case of larger orders, as
described in paragraph (g) of this section).
(iii) State that any entity with an existing attachment may modify the
attachment consistent with the specified make-ready before the date set for
completion.
(iv) State that the utility may assert its right to 15 additional days to
complete make-ready.
(v) State the name, telephone number, and e-mail address of a person to
contact for more information about the make-ready procedure.
(f) For wireless attachments above the communications space, a utility shall
ensure that make-ready is completed by the date set by the utility in
paragraph (e)(2)(ii) of this section (or, if the utility has asserted its
15-day right of control, 15 days later).
(g) For the purposes of compliance with the time periods in this section:
(1) A utility shall apply the timeline described in paragraphs (c) through
(e) of this section to all requests for pole attachment up to the lesser of
300 poles or 0.5 percent of the utility's poles in a state.
(2) A utility may add 15 days to the survey period described in paragraph
(c) of this section to larger orders up to the lesser of 3000 poles or 5
percent of the utility's poles in a state.
(3) A utility may add 45 days to the make-ready periods described in
paragraph (e) of this section to larger orders up to the lesser of 3000
poles or 5 percent of the utility's poles in a state.
(4) A utility shall negotiate in good faith the timing of all requests for
pole attachment larger than the lesser of 3000 poles or 5 percent of the
utility's poles in a state.
(5) A utility may treat multiple requests from a single cable operator or
telecommunications carrier as one request when the requests are filed within
30 days of one another.
(h) A utility may deviate from the time limits specified in this section:
(1) Before offering an estimate of charges if the parties have no agreement
specifying the rates, terms, and conditions of attachment.
(2) During performance of make-ready for good and sufficient cause that
renders it infeasible for the utility to complete the make-ready work within
the prescribed time frame. A utility that so deviates shall immediately
notify, in writing, the cable operator or telecommunications carrier
requesting attachment and other affected entities with existing attachments,
and shall include the reason for and date and duration of the deviation. The
utility shall deviate from the time limits specified in this section for a
period no longer than necessary and shall resume make-ready performance
without discrimination when it returns to routine operations.
(i) If a utility fails to respond as specified in paragraph (c) of this
section, a cable operator or telecommunications carrier requesting
attachment in the communications space may, as specified in § 1.1422, hire a
contractor to complete a survey. If make-ready is not complete by the date
specified in paragraph (e)(1)(ii) of this section, a cable operator or
telecommunications carrier requesting attachment in the communications space
may hire a contractor to complete the make-ready:
(1) Immediately, if the utility has failed to assert its right to perform
remaining make-ready work by notifying the requesting attacher that it will
do so; or
(2) After 15 days if the utility has asserted its right to perform
make-ready by the date specified in paragraph (e)(1)(ii) of this section and
has failed to complete make-ready.
[ 76 FR 26640 , May 9, 2011]
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Goto Section: 1.1418 | 1.1422
Goto Year: 2014 |
2016
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