D.C. Mun. Regs. tit. 15, r. 15-1603

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 15-1603 - RULES GOVERNING POLE ATTACHMENT DISPUTES BETWEEN PUBLIC UTILITIES AND CABLE OPERATORS

1603.1

Cable Operators may also file Complaints or petitions for temporary stay regarding the use of existing utility poles, ducts, conduits or rights-of-way located in the District of Columbia. Petitions for temporary stay shall be governed by the provisions of D.C. Official Code § 34-1253.03, and Sections 1601 and 1602. Complaints shall be filed in accordance with Chapter 1 of this title as such procedures pertain to processing of formal complaints, except as otherwise provided by this chapter.

1603.2

In a case where it is claimed that either a rate is unjust or unreasonable, or a term or condition is unjust or unreasonable and examination of the term or condition requires review of the associated rate, the Complaint shall provide data and information in support of the claim. The data and information shall include, where applicable, the following information:

(a) The depreciated installed cost of poles in the District of Columbia;

(b) The total number of poles owned and controlled or used by the public utility;

(c) The total number of poles which are the subject of the Complaint;

(d) The number of poles included in paragraph (c) of this section that are owned by the public utility and that are leased to other users by the public utility, and the annual share of pole costs allocated to the users (including the Complainant), together with the methodology for such allocation; and

(e) The annual carrying charges for the poles owned and controlled or used by the public utility.

1603.3

With respect to the data required by § 1603.2, this data and information shall be based upon the cost methodology, prescribed by the Commission. Data shall be derived from Form M, ARMIS, FERC 1, or other reports filed with state or federal regulatory agencies (identify source). Calculations made in connection with these figures shall be provided to the Applicant.

1603.4

Where the attachments to the data required by § 1603.2 involve ducts, conduits, or rights-of-way, in whole or in part, appropriate and equivalent data and information shall be filed.

1603.5

If any of the information required in § 1603.2 is not provided to the Cable Operator by the public utility upon reasonable request, the Cable Operator shall include a statement indicating the steps taken to obtain the information from the public utility, including the dates of all requests. No Complaint filed by a Cable Operator shall be dismissed where the public utility has failed to provide the information in § 1603.2 after a reasonable request.

1603.6

The Complaint shall include a brief summary of all steps taken to resolve the pole attachment dispute prior to filing.

1603.7

In its consideration of the Complaint, answer, and other filings, the Commission may take notice of any information contained in publicly available documents made by the parties to the dispute and may accept, subject to rebuttal, studies that have been conducted.

1603.8

In making any determination under this Section, the Commission shall consider the interests of both cable service subscribers and public utility consumers.

1603.9

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

D.C. Mun. Regs. tit. 15, r. 15-1603

Final Rulemaking published at 31 DCR 6496, 6499 (December 21, 1984); amended by Final Rulemaking published at 66 DCR 14436 (11/1/2019)