W. Va. Code R. § 150-38-1
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-38-1 - General1.1. Scope. -- These rules govern the regulation of pole attachments subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code § 31G-4-4, and subject to regulation under 47 U.S.C. § 224, commonly referred to as the Pole Attachment Act and the regulations promulgated thereunder at 47 C.F.R §§ 1.1401-1.1415.1.2. Authority. -- W. Va. Code §§ 24-1-1, 24-1-7, 24-2-1, 24-2-2, 31G-4-4.1.3. Filing Date. -- November 14, 2022.1.4. Effective Date. -- January 13, 2023.1.5. Intent. -- The Commission has the authority to consider, and will consider, the interests of the subscribers of the services offered by means of pole attachments as well as the interests of the consumers of the utility services. These rules, commonly referred to as the Pole Attachment Rules, adopt the rates, terms, conditions and complaint procedures for access to and use of utility poles, ducts, conduits and rights-of-way, as provided by W. Va. Code § 31G-4-4.1.6. Application of rules. -- This Series applies to all persons, entities, poles, ducts, conduits and rights-of-way subject to 47 U.S.C. § 224 and 47 C.F.R. §§ 1.1401-1.1415 as the federal statute and those regulations may be amended. An amendment to 47 U.S.C. § 224 or 47 C.F.R. §§ 1.1401-1.1415 shall take effect in West Virginia 60 days after the effective date of the federal change unless otherwise ordered by the Commission.W. Va. Code R. § 150-38-1