D.C. Mun. Regs. tit. 15, r. 15-1601

Current through Register Vol. 71, No. 52, December 27, 2024
Rule 15-1601 - APPLICATIONS
1601.1

Private negotiation of agreements regarding the use of a public utility's Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility's Facilities is encouraged by the Commission. In case of failure to agree upon the use of a public utility's Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility's Facilities, or the conditions or compensation for such use, any public utility or any person, firm, copartnership, association, or corporation may file an Application with the Commission.

1601.2

Applications filed under this chapter shall be filed in accordance with and shall be governed by the procedures set forth in Chapter 1 (Public Service Commission Rules of Practice and Procedure) of this title, except as otherwise provided by this chapter.

1601.3

The Application shall specify the cause of the dispute. The Application shall be accompanied by a copy of the agreement for the use of the Facilities, if any, between the Applicant and the public utility.

1601.4

The Commission shall investigate the Application. If the Commission determines that public convenience and necessity require such use of the Facilities and that it would not result in irreparable injury to the owners or other user of the Facilities nor in any substantial detriment to the service to be rendered by the owners or other users of the Facilities, the Commission shall direct that use of the Facilities be permitted and prescribe the conditions and compensation for such joint use. This provision does not alter a Cable Operator's rights to access a utility's poles, conduits or rights-of-way upon just and reasonable rates, terms and conditions.

1601.5

With respect to any Application, the Commission shall take final action within three hundred and sixty (360) days after the filing of the Application.

D.C. Mun. Regs. tit. 15, r. 15-1601

Final Rulemaking published at 31 DCR 6496, 6497 (December 21, 1984); amended by Final Rulemaking published at 66 DCR 14436 (11/1/2019)