| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1342Introduced by Assembly Member GrayFebruary 19, 2021 An act to amend Section 767.5 of the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGESTAB 1342, as introduced, Gray. Public utility poles: attachments.Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission is required to establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to ensure a public utility the recovery of specified funds.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 767.5 of the Public Utilities Code is amended to read:767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1342Introduced by Assembly Member GrayFebruary 19, 2021 An act to amend Section 767.5 of the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGESTAB 1342, as introduced, Gray. Public utility poles: attachments.Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission is required to establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to ensure a public utility the recovery of specified funds.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 1342 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member GrayFebruary 19, 2021 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Gray |
|---|
| 18 | 18 | | February 19, 2021 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 767.5 of the Public Utilities Code, relating to public utilities. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 1342, as introduced, Gray. Public utility poles: attachments. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission is required to establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to ensure a public utility the recovery of specified funds.This bill would make nonsubstantive changes to those provisions. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission is required to establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to ensure a public utility the recovery of specified funds. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would make nonsubstantive changes to those provisions. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 767.5 of the Public Utilities Code is amended to read:767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Section 767.5 of the Public Utilities Code is amended to read:767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Section 767.5 of the Public Utilities Code is amended to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | 767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | 767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 767.5. (a) As used in this section:(1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication.(2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole.(3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility.(4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment.(5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment.(6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance.(7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission.(8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity.(9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment.(b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations.The (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations.(c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following:(1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation.(2) An annual recurring fee computed as follows:(A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor.(B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment.(d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 767.5. (a) As used in this section: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (1) Public utility includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (2) Support structure includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (3) Pole attachment means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (4) Surplus space means that portion of the usable space on a utility pole which that has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (5) Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which that can be used, pursuant to the orders and regulations of the commission, for a pole attachment. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (6) Usable space means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (7) Minimum allowable vertical clearance means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (8) Rearrangements means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, rearrangements shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (9) Annual cost of ownership means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, annual cost of ownership shall not include costs for any property not necessary for a pole attachment. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (b) (1) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | The |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (2) The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. corporations. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure ensure a public utility the recovery of both of the following: |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | (1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | (2) An annual recurring fee computed as follows: |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | (A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utilitys annual cost of ownership for the pole and supporting anchor. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporations equipment by the total usable volume or capacity. As used in this paragraph, total usable volume or capacity means all volume or capacity in which the public utilitys line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporations equipment. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (d) In the event that If it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporations equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. |
|---|