Goto Section: 1.1401 | 1.1403 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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
(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 defendant means a cable television system operator, a
utility, or a telecommunications carrier against whom a complaint is
(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
(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
(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
(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
(o) The term make-ready means the modification or replacement of a
utility pole, or of the lines or equipment on the utility pole, to
accommodate additional facilities on the utility pole.
(p) The term complex make-ready means transfers and work within the
communications space that would be reasonably likely to cause a service
outage(s) or facility damage, including work such as splicing of any
communication attachment or relocation of existing wireless
attachments. Any and all wireless activities, including those involving
mobile, fixed, and point-to-point wireless communications and wireless
internet service providers, are to be considered complex.
(q) The term simple make-ready means make-ready where existing
attachments in the communications space of a pole could be transferred
without any reasonable expectation of a service outage or facility
damage and does not require splicing of any existing communication
attachment or relocation of an existing wireless attachment.
(r) The term communications space means the lower usable space on a
utility pole, which typically is reserved for low-voltage
[ 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; 83 FR 44838 , Sept. 4, 2018; 83 FR 46836 ,
Sept. 14, 2018]
Goto Section: 1.1401 | 1.1403
Goto Year: 2020 |
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