R746. Public Service Commission, Administration.
R746-345. Pole Attachments for Cable Television
A. Authorization of Rules -- [
54-4-13, [ provides that ]the Public Service Commission shall have the
power to regulate the rates, terms and conditions by which a public utility[
can permit attachments to poles of the public utility by cable television
B. Application of Rules -- These rules shall
apply to each public utility that permits pole attachments to utility's poles
cable television company].
Tariffs and Contracts.
Public utilities will
file tariffs with the Commission which provide] rates, terms and conditions
[ by which cable
television pole attachments are permitted].
B. Tariffs will
not become effective without the prior approval of the Commission.
C. When a utility
uses a contract or agreement for execution of a pole attachment tariff and
physical arrangements, that contract or agreement shall be directly referenced
in the tariff. A copy of the general
form of that contract or agreement will be provided to the Commission with the
tariff filings. When a change is
required to the content and form of a contract or agreement, where the change
does not create a change to the tariff content, a revised copy of the contract
or agreement will be filed with the Commission prior to the use or adoption by
the public utility of the changed version.]
3. Pole Attachment Rates].
A. The rate[
for pole attachments [ will
be based on a ]fair and reasonable [ portion of the
utility's costs and expenses for the pole plant, or type of pole plant,
investment jointly used with cable television companies.
B. The rates can
include a fair and reasonable portion of a utility's common costs and expenses
which may not be, or cannot be, directly assigned to the pole plant investments
C. The Commission
will allow a public utility and the cable television companies to first
negotiate tariff rates that they jointly agree are fair and reasonable. If agreement cannot be reached, the
considerations that the Commission will use to judge what is fair and
reasonable will include, but not be limited to, the following:
rates of other similar utility providers in Utah;
2. the utility's
investment in pole plant used for attachments;
investment exclusion adjustments for crossarms and appurtenances;
4. incremental or
carrying costs factors of pole plant;
5. poles space
allocations for utility use versus television cable use.]
4. Tariff Rate Changes.
A. A public
utility will not apply to the Commission for a change in a pole attachment rate
as a part of a general company rate case.
B. A public
utility will not apply for a change to the pole attachment rate prior to
notifying the cable television companies then having attachments to the utility's
poles. The rate change petition must
provide a statement as to the cable television companies acceptance or
rejection of the proposed change.]
KEY: public utilities, rules and procedures,
telecommunications, telephone utility regulation
Notice of Continuation August