Goto Section: 1.1402 | 1.1404 | Table of Contents
Revised as of April 23, 2019
Goto Year:2018 |
§ 1.1403 Duty to provide access; modifications; notice of removal, increase
or modification; petition for temporary stay; and cable operator notice.
(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
(c) A utility shall provide a cable television system or
telecommunications carrier no less than 60 days written notice prior
(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 or
telecommunications carrier's pole attachment agreement;
(2) Any increase in pole attachment rates; or
(3) Any modification of facilities by the utility other than make-ready
noticed pursuant to § 1.1411(e), 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
§ 1.1404(b). The named 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 § 1.46.
(e) Cable operators must notify pole owners upon offering
[ 61 FR 45618 , Aug. 29, 1996, as amended at 63 FR 12025 , Mar. 12, 1998;
79 FR 73847 , Dec. 12, 2014; 83 FR 44839 , Sept. 4, 2018; 83 FR 46836 ,
Sept. 14, 2018]
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Goto Section: 1.1402 | 1.1404
Goto Year: 2018 |
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