Goto Section: 1.1408 | 1.1410 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1409 Allocation of Unusable Space Costs.
(a) With respect to the formula referenced in § 1.1406(d)(2), a utility
shall apportion the cost of providing unusable space on a pole so that
such apportionment equals two-thirds of the costs of providing unusable
space that would be allocated to such entity under an equal
apportionment of such costs among all attaching entities.
(b) All attaching entities attached to the pole shall be counted for
purposes of apportioning the cost of unusable space.
(c) Utilities may use the following rebuttable presumptive averages
when calculating the number of attaching entities with respect to the
formula referenced in § 1.1406(d)(2). For non-urbanized service areas
(under 50,000 population), a presumptive average number of attaching
entities of three. For urbanized service areas (50,000 or higher
population), a presumptive average number of attaching entities of
five. If any part of the utility's service area within the state has a
designation of urbanized (50,000 or higher population) by the Bureau of
Census, United States Department of Commerce, then all of that service
area shall be designated as urbanized for purposes of determining the
presumptive average number of attaching entities.
(d) A utility may establish its own presumptive average number of
attaching entities for its urbanized and non-urbanized service area as
(1) Each utility shall, upon request, provide all attaching entities
and all entities seeking access the methodology and information upon
which the utilities presumptive average number of attachers is based.
(2) Each utility is required to exercise good faith in establishing and
updating its presumptive average number of attachers.
(3) The presumptive average number of attachers may be challenged by an
attaching entity by submitting information demonstrating why the
utility's presumptive average is incorrect. The attaching entity should
also submit what it believes should be the presumptive average and the
methodology used. Where a complete inspection is impractical, a
statistically sound survey may be submitted.
(4) Upon successful challenge of the existing presumptive average
number of attachers, the resulting data determined shall be used by the
utility as the presumptive number of attachers within the rate formula.
[ 63 FR 12026 , Mar. 12, 1998, as amended at 66 FR 34581 , June 29, 2001.
Redesignated and amended at 83 FR 44841 , Sept. 4, 2018]
Goto Section: 1.1408 | 1.1410
Goto Year: 2020 |
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