W. Va. Code R. § 150-38-2

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

Section 150-38-2 - Definitions

2.1. These definitions apply only to the Pole Attachment Rules.

2.2. The term "utility" means any person that 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 communications through wires or cables. Such term does not include any railroad, any person that is cooperatively organized, or any person owned by the Federal Government or the State.

2.3. 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.

2.4. With respect to poles, the term "usable space" means the space on a utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the utility. With respect to conduit, the term usable space means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable and associated equipment for telecommunications or cable services, and which includes capacity occupied by the utility.

2.5. The term "complaint" means a filing by a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, or an association of telecommunications carriers alleging that it has been denied access to a utility pole, duct, conduit, or right-of-way in violation of these rules and/or that a rate, term, or condition for a pole attachment is not just and reasonable. It also means a filing by an incumbent local exchange carrier (as defined in 47 U.S.C. § 251(h)) or an association of incumbent local exchange carriers alleging that a rate, term, or condition for a pole attachment is not just and reasonable.

2.6. The term "complainant" means a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, an association of telecommunications carriers, an incumbent local exchange carrier (as defined in 47 U.S.C. § 251(h)) or an association of incumbent local exchange carriers who files a complaint.

2.7. The term "defendant" means a cable television system operator, a utility, or a telecommunications carrier against whom a complaint is filed.

2.8. The term "State" means the State of West Virginia, or any political subdivision, agency, or instrumentality thereof.

2.9. For purposes of these rules, the term "telecommunications carrier" means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services (as defined in 47 U.S.C. § 226) or incumbent local exchange carriers (as defined in 47 U.S.C. § 251(h)) .

2.10. The term "conduit" means a structure containing one or more ducts, usually placed in the ground, in which cables or wires may be installed.

2.11. The term "conduit system" means a collection of one or more conduits together with their supporting infrastructure.

2.12. The term "duct" means a single enclosed raceway for conductors, cable and/or wire.

2.13. With respect to poles, the term "unusable space" means the space on a utility pole below the usable space, including the amount required to set the depth of the pole.

2.14. The term "attaching entity" includes cable system operators, telecommunications carriers, incumbent and other local exchange carriers, utilities, governmental entities and other entities with a physical attachment to the pole, duct, conduit or right of way. It does not include governmental entities with only seasonal attachments to the pole.

2.15. The term "inner-duct" means a duct-like raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables.

2.16. The term "make-ready" means the modification or replacement of a utility pole, or of the lines or equipment on the utility pole, to accommodate additional facilities on the utility pole.

2.17. The term "complex make-ready" means transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communication attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers, are to be considered complex.

2.18. The term "simple make-ready" means make-ready where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage and does not require splicing of any existing communication attachment or relocation of an existing wireless attachment.

2.19. The term "communications space" means the lower usable space on a utility pole, which typically is reserved for low-voltage communications equipment.

2.20. The term "Commission" means the Public Service Commission of West Virginia.

2.21. The term "carrying charge rate" shall include capital costs including a rate of return, income taxes, depreciation, taxes other than income taxes, and an operation and maintenance expense factor.

W. Va. Code R. § 150-38-2