Title 47 — Telecommunications
Part I · Chapter 5 — Wire or Radio Communication
§ 224. Pole attachments
Statutory text
Definitions
As used in this section:
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.
The term “Federal Government” means the Government of the United States or any agency or instrumentality thereof.
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.
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.
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.
Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations
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.
The Commission shall prescribe by rule regulations to carry out the provisions of this section.
State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation
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), for pole attachments in any case where such matters are regulated by a State.
Each State which regulates the rates, terms, and conditions for pole attachments shall certify to the Commission that—
it regulates such rates, terms, and conditions; and
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.
For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments—
unless the State has issued and made effective rules and regulations implementing the State’s regulatory authority over pole attachments; and
with respect to any individual matter, unless the State takes final action on a complaint regarding such matter—
within 180 days after the complaint is filed with the State, or
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.
Determination of just and reasonable rates; “usable space” defined
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.
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.
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), 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.
Regulations governing charges; apportionment of costs of providing space
The Commission shall, no later than 2 years after , 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.
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.
A utility shall apportion the cost of providing usable space among all entities according to the percentage of usable space required for each entity.
The regulations required under paragraph (1) shall become effective 5 years after . 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.
Nondiscriminatory access
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.
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.
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.
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.
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).
Footnotes
- 1 So in original. Probably should be “nondiscriminatory”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Communications Act Amendments of 1978
Pub. L. 95–234 § 6 · 92 Stat. 33
Enacted · 47 U.S.C. § 224
June 19, 1934, ch. 652, title II, § 224, as added Pub. L. 95–234, § 6, Feb. 21, 1978, 92 Stat. 35
Source evidence
Code source credit
June 19, 1934, ch. 652, title II, § 224, as added Pub. L. 95–234, § 6, Feb. 21, 1978, 92 Stat. 35Enacted provision · exact public law section
Sec. 6. Title II of the Communications Act of 1934 is amended by adding at the end thereof the following new section: “Sec. 224. “regulations of pole attachments (a) As used in this section: Definitions. 47 USC 224. “(1) 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. 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) Tile 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 to a pole, duct, conduit, or right-of-way owned or controlled by a utility, “(b) (1) Subject to the provisions of subsection (c) of this section, Enforcement. 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 title III of the Communications Act of 1934, as amended. 47 USC 312. Regulations. “(2) Within 180 days from the date of enactment of this section the Commission shall prescribe by rule regulations to carry out the provisions of this section. “(c) (1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions 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 cable television services, as well as the interests of the consumers of the utility services. “(d) (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, “(e) Upon the expiration of the 5-year period that begins on the date of enactment of this Act the provisions of subsection (d) of this section shall cease to have any effect.”.Pub. L. 97–259 title I § 106 · 96 Stat. 1087
Struck · 47 U.S.C. § 224(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 106. Section 224 of the Communications Act of 1934 (47 U.S.C. 224) is amended by striking out subsection (e) thereof.Pub. L. 98–549 § 4 · 98 Stat. 2779
Added · 47 U.S.C. § 224(c)(3)
Pub. L. 98–549 added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 98–549 added par. (3).Enacted provision · exact public law section
Sec. 4. pole attachments Section 224(c) of the Communications Act of 1934 is 47 USC 224. amended by adding at the end thereof the following new paragraph: “(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.”. unauthorized reception of certain communicationsEffective date note
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.Pub. L. 103–414 title III § 304(a)(7) · 108 Stat. 4279
Substituted · 47 U.S.C. § 224(b)(2)
Pub. L. 103–414 substituted “The Commission” for “Within 180 days from February 21, 1978, the Commission”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 103–414 substituted “The Commission” for “Within 180 days from February 21, 1978, the Commission”.Enacted provision · exact public law section
(7) in section 224(b)(2), by striking “Within 180 days from 47 USC 224. the date of enactment of this section the Commission” and inserting “The Commission”;Pub. L. 104–104 § 703(1) · 110 Stat. 149
Inserted · 47 U.S.C. § 224(a)(1)
Pub. L. 104–104, § 703(1), inserted first sentence
Struck · 47 U.S.C. § 224(a)(1)
Pub. L. 104–104, § 703(1), 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.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–104, § 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.”Pub. L. 104–104 § 703(2) · 110 Stat. 149
Inserted · 47 U.S.C. § 224(a)(4)
Pub. L. 104–104, § 703(2), inserted “or provider of telecommunications service” after “system”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 104–104, § 703(2), inserted “or provider of telecommunications service” after “system”.Pub. L. 104–104 § 703(3) · 110 Stat. 149
Added · 47 U.S.C. § 224(a)(5)
Pub. L. 104–104, § 703(3), added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 104–104, § 703(3), added par. (5).Pub. L. 104–104 § 703(4) · 110 Stat. 149
Inserted · 47 U.S.C. § 224(c)(1)
Pub. L. 104–104, § 703(4), inserted “, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f),” after “conditions”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–104, § 703(4), inserted “, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f),” after “conditions”.Pub. L. 104–104 § 703(5) · 110 Stat. 149
Substituted · 47 U.S.C. § 224(c)(2)(B)
Pub. L. 104–104, § 703(5), substituted “the services offered via such attachments” for “cable television services”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 104–104, § 703(5), substituted “the services offered via such attachments” for “cable television services”.Pub. L. 104–104 § 703(6) · 110 Stat. 149
Added · 47 U.S.C. § 224(d)(3)
Pub. L. 104–104, § 703(6), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 104–104, § 703(6), added par. (3).Pub. L. 104–104 § 703(7) · 110 Stat. 149
Added · 47 U.S.C. § 224(e)(i)
Pub. L. 104–104, § 703(7), added subsecs. (e) to (i)
Source evidence
Code amendment note
Subsecs. (e) to (i). Pub. L. 104–104, § 703(7), added subsecs. (e) to (i).
4 of 12 references resolved to an enrolled provision · 8 partial
Editorial Notes
Amendments1982–1996 · 4 rounds
1996
Subsec. (a)(1). Pub. L. 104–104, § 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, § 703(2), inserted “or provider of telecommunications service” after “system”.
Subsec. (a)(5). Pub. L. 104–104, § 703(3), added par. (5).
Subsec. (c)(1). Pub. L. 104–104, § 703(4), inserted “, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f),” after “conditions”.
Subsec. (c)(2)(B). Pub. L. 104–104, § 703(5), substituted “the services offered via such attachments” for “cable television services”.
Subsec. (d)(3). Pub. L. 104–104, § 703(6), added par. (3).
Subsecs. (e) to (i). Pub. L. 104–104, § 703(7), added subsecs. (e) to (i).
1994
Subsec. (b)(2). Pub. L. 103–414 substituted “The Commission” for “Within 180 days from , 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 , provisions of subsec. (d) of this section would cease to have any effect.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–549 effective 60 days after , 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 , see section 7 of Pub. L. 95–234, set out as an Effective Date of 1978 Amendment note under section 152 of this title.
Credits
1934–1996 · 5 acts
- 1934June 19, 1934, ch. 652, title II, § 224, as added Pub. L. 95–234, § 6, , 92 Stat. 35
- 1982amended Pub. L. 97–259, title I, § 106, , 96 Stat. 1091
- 1984Pub. L. 98–549, § 4, , 98 Stat. 2801
- 1994Pub. L. 103–414, title III, § 304(a)(7), , 108 Stat. 4297
- 1996Pub. L. 104–104, title VII, § 703, , 110 Stat. 149.
Show as published
(June 19, 1934, ch. 652, title II, § 224, as added Pub. L. 95–234, § 6, , 92 Stat. 35; amended Pub. L. 97–259, title I, § 106, , 96 Stat. 1091; Pub. L. 98–549, § 4, , 98 Stat. 2801; Pub. L. 103–414, title III, § 304(a)(7), , 108 Stat. 4297; Pub. L. 104–104, title VII, § 703, , 110 Stat. 149.)