
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC224]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 224. Pole attachments


(a) Definitions

    As used in this section:
    (1) The term ``utility'' means any person who 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 who is cooperatively organized, or any 
person owned by the Federal Government or any State.
    (2) The term ``Federal Government'' means the Government of the 
United States or any agency or instrumentality thereof.
    (3) 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.
    (4) 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.
    (5) For purposes of this section, the term ``telecommunications 
carrier'' (as defined in section 153 of this title) does not include any 
incumbent local exchange carrier as defined in section 251(h) of this 
title.

(b) Authority of Commission to regulate rates, terms, and conditions; 
        enforcement powers; promulgation of regulations

    (1) Subject to the provisions of subsection (c) of this section, the 
Commission shall regulate the rates, terms, and conditions for pole 
attachments to provide that such rates, terms, and conditions are just 
and reasonable, and shall adopt procedures necessary and appropriate to 
hear and resolve complaints concerning such rates, terms, and 
conditions. For purposes of enforcing any determinations resulting from 
complaint procedures established pursuant to this subsection, the 
Commission shall take such action as it deems appropriate and necessary, 
including issuing cease and desist orders, as authorized by section 
312(b) of this title.
    (2) The Commission shall prescribe by rule regulations to carry out 
the provisions of this section.

(c) State regulatory authority over rates, terms, and conditions; 
        preemption; certification; circumstances constituting State 
        regulation

    (1) Nothing in this section shall be construed to apply to, or to 
give the Commission jurisdiction with respect to rates, terms, and 
conditions, or access to poles, ducts, conduits, and rights-of-way as 
provided in subsection (f) of this section, for pole attachments in any 
case where such matters are regulated by a State.
    (2) Each State which regulates the rates, terms, and conditions for 
pole attachments shall certify to the Commission that--
        (A) it regulates such rates, terms, and conditions; and
        (B) in so regulating such rates, terms, and conditions, the 
    State has the authority to consider and does consider the interests 
    of the subscribers of the services offered via such attachments, as 
    well as the interests of the consumers of the utility services.

    (3) For purposes of this subsection, a State shall not be considered 
to regulate the rates, terms, and conditions for pole attachments--
        (A) unless the State has issued and made effective rules and 
    regulations implementing the State's regulatory authority over pole 
    attachments; and
        (B) with respect to any individual matter, unless the State 
    takes final action on a complaint regarding such matter--
            (i) within 180 days after the complaint is filed with the 
        State, or
            (ii) within the applicable period prescribed for such final 
        action in such rules and regulations of the State, if the 
        prescribed period does not extend beyond 360 days after the 
        filing of such complaint.

(d) Determination of just and reasonable rates; ``usable space'' defined

    (1) For purposes of subsection (b) of this section, a rate is just 
and reasonable if it assures a utility the recovery of not less than the 
additional costs of providing pole attachments, nor more than an amount 
determined by multiplying the percentage of the total usable space, or 
the percentage of the total duct or conduit capacity, which is occupied 
by the pole attachment by the sum of the operating expenses and actual 
capital costs of the utility attributable to the entire pole, duct, 
conduit, or right-of-way.
    (2) As used in this subsection, the term ``usable space'' means the 
space above the minimum grade level which can be used for the attachment 
of wires, cables, and associated equipment.
    (3) This subsection shall apply to the rate for any pole attachment 
used by a cable television system solely to provide cable service. Until 
the effective date of the regulations required under subsection (e) of 
this section, this subsection shall also apply to the rate for any pole 
attachment used by a cable system or any telecommunications carrier (to 
the extent such carrier is not a party to a pole attachment agreement) 
to provide any telecommunications service.

(e) Regulations governing charges; apportionment of costs of providing 
        space

    (1) The Commission shall, no later than 2 years after February 8, 
1996, prescribe regulations in accordance with this subsection to govern 
the charges for pole attachments used by telecommunications carriers to 
provide telecommunications services, when the parties fail to resolve a 
dispute over such charges. Such regulations shall ensure that a utility 
charges just, reasonable, and nondiscriminatory rates for pole 
attachments.
    (2) A utility shall apportion the cost of providing space on a pole, 
duct, conduit, or right-of-way other than the usable space among 
entities so that such apportionment equals two-thirds of the costs of 
providing space other than the usable space that would be allocated to 
such entity under an equal apportionment of such costs among all 
attaching entities.
    (3) A utility shall apportion the cost of providing usable space 
among all entities according to the percentage of usable space required 
for each entity.
    (4) The regulations required under paragraph (1) shall become 
effective 5 years after February 8, 1996. Any increase in the rates for 
pole attachments that result from the adoption of the regulations 
required by this subsection shall be phased in equal annual increments 
over a period of 5 years beginning on the effective date of such 
regulations.

(f) Nondiscriminatory access

    (1) 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.
    (2) Notwithstanding paragraph (1), a utility providing electric 
service may deny a cable television system or any telecommunications 
carrier access to its poles, ducts, conduits, or rights-of-way, on a 
non-discriminatory \1\ basis where there is insufficient capacity and 
for reasons of safety, reliability and generally applicable engineering 
purposes.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``nondiscriminatory''.
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(g) Imputation to costs of pole attachment rate

    A utility that engages in the provision of telecommunications 
services or cable services shall impute to its costs of providing such 
services (and charge any affiliate, subsidiary, or associate company 
engaged in the provision of such services) an equal amount to the pole 
attachment rate for which such company would be liable under this 
section.

(h) Modification or alteration of pole, duct, conduit, or right-of-way

    Whenever the owner of a pole, duct, conduit, or right-of-way intends 
to modify or alter such pole, duct, conduit, or right-of-way, the owner 
shall provide written notification of such action to any entity that has 
obtained an attachment to such conduit or right-of-way so that such 
entity may have a reasonable opportunity to add to or modify its 
existing attachment. Any entity that adds to or modifies its existing 
attachment after receiving such notification shall bear a proportionate 
share of the costs incurred by the owner in making such pole, duct, 
conduit, or right-of-way accessible.

(i) Costs of rearranging or replacing attachment

    An entity that obtains an attachment to a pole, conduit, or right-
of-way shall not be required to bear any of the costs of rearranging or 
replacing its attachment, if such rearrangement or replacement is 
required as a result of an additional attachment or the modification of 
an existing attachment sought by any other entity (including the owner 
of such pole, duct, conduit, or right-of-way).

(June 19, 1934, ch. 652, title II, Sec. 224, as added Pub. L. 95-234, 
Sec. 6, Feb. 21, 1978, 92 Stat. 35; amended Pub. L. 97-259, title I, 
Sec. 106, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 98-549, Sec. 4, Oct. 
30, 1984, 98 Stat. 2801; Pub. L. 103-414, title III, Sec. 304(a)(7), 
Oct. 25, 1994, 108 Stat. 4297; Pub. L. 104-104, title VII, Sec. 703, 
Feb. 8, 1996, 110 Stat. 149.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-104, Sec. 703(1), inserted first 
sentence and struck out former first sentence which read as follows: 
``The term `utility' means any person whose rates or charges are 
regulated by the Federal Government or a State and who owns or controls 
poles, ducts, conduits, or rights-of-way used, in whole or in part, for 
wire communication.''
    Subsec. (a)(4). Pub. L. 104-104, Sec. 703(2), inserted ``or provider 
of telecommunications service'' after ``system''.
    Subsec. (a)(5). Pub. L. 104-104, Sec. 703(3), added par. (5).
    Subsec. (c)(1). Pub. L. 104-104, Sec. 703(4), inserted ``, or access 
to poles, ducts, conduits, and rights-of-way as provided in subsection 
(f) of this section,'' after ``conditions''.
    Subsec. (c)(2)(B). Pub. L. 104-104, Sec. 703(5), substituted ``the 
services offered via such attachments'' for ``cable television 
services''.
    Subsec. (d)(3). Pub. L. 104-104, Sec. 703(6), added par. (3).
    Subsecs. (e) to (i). Pub. L. 104-104, Sec. 703(7), added subsecs. 
(e) to (i).
    1994--Subsec. (b)(2). Pub. L. 103-414 substituted ``The Commission'' 
for ``Within 180 days from February 21, 1978, the Commission''.
    1984--Subsec. (c)(3). Pub. L. 98-549 added par. (3).
    1982--Subsec. (e). Pub. L. 97-259 struck out subsec. (e) which 
provided that, upon expiration of 5-year period that began on Feb. 21, 
1978, provisions of subsec. (d) of this section would cease to have any 
effect.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, 
except where otherwise expressly provided, see section 9(a) of Pub. L. 
98-549, set out as a note under section 521 of this title.


                             Effective Date

    Section effective on thirtieth day after Feb. 21, 1978, see section 
7 of Pub. L. 95-234, set out as an Effective Date of 1978 Amendment note 
under section 152 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 152, 251, 271 of this title.
