W. Va. Code R. § 150-37-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-37-3 - Telephone Conduit Occupancy

3.1. Prohibition and Ownership.

3.1.a. A Telephone Public Utility may not prohibit, either by contract or service tariff, a Customer who has provided Conduit or Other Underground Construction provided at the Customer's expense from using the Conduit or Other Underground Construction for purposes other than services provided by the Telephone Company. A Customer who provides the Conduit or Other Underground Construction is the owner of that Apparatus.

3.1.b. A Telephone Public Utility shall not be permitted to exercise management, oversight or administrative authority relative to access, occupancy or utilization of Customer-Provided Conduit or Other Underground Construction.

3.1.c. A Telephone Public Utility shall not be permitted to reserve space within Customer-Provided Conduit or Other Underground Construction.

3.1.d. Unoccupied Duct space owned by the Customer within Customer-Provided Conduit or Other Underground Construction is presumed available for use by all Telephone Public Utilities or Service Providers with the consent of the Customer.

3.2. Compliance with Standards, Practices, Rules and Orders.

3.2.a. A Customer and all occupants of Conduit or other underground Apparatus shall comply with the rules, regulations and orders of the Commission, the National Electrical Safety Code, the National Electrical Code, the Manual of Construction Procedures (The Blue Book), the rules and regulations of the Occupational Safety and Health Administration and any other lawful and applicable laws, rules, regulations and orders.

3.2.b. No Customer, Telephone Public Utility, Telephone Company or other occupant of any Conduit or other underground Apparatus may prohibit, prevent or interfere with the compliance of any person with its obligations under the rules, regulations and orders of this Commission, including without limitation any obligation as a carrier of last resort.

3.2.c. When the use of Customer-Provided Conduit or Other Underground Construction requires the involvement of more than one Service Provider, a Telephone Public Utility shall cooperate with and give its approval, when necessary, for access by other Service Providers. The only acceptable basis for disagreement by a Telephone Public Utility shall be that the proposed joint use (i) will pose a clear and imminent threat to existing facilities or (ii) would constitute a violation of any of the standards, practices, rules and orders which which compliance is required by these rules.

W. Va. Code R. § 150-37-3