2005 Idaho Code - 61-538 — POLE ATTACHMENTS -- REGULATION

                                  TITLE  61
                          PUBLIC UTILITY REGULATION
                                  CHAPTER 5
                             POWERS AND DUTIES OF
                         PUBLIC UTILITIES COMMISSION
    61-538.  POLE ATTACHMENTS -- REGULATION. As used in this section, the term
"public utility" includes any person, firm or corporation except a publicly
owned utility which owns or controls poles, ducts, conduits or rights-of-way
used or useful, in whole or in part, for wire communication, and which are not
subject to the jurisdiction of the commission under section 61-129, Idaho
Code.
    The term "cable television company" means any individual, firm,
partnership, corporation, company, association, or joint-stock association,
and includes any trustee, receiver, assignee, or personal representative
thereof, which transmits television signals for distribution to subscribers of
its services for a fee by means of wires or cables connecting its distribution
facilities with the customer's television receiver or the customer's equipment
connecting to the customer's receiver rather than by transmission of the
television signal through the air.
    The term "pole attachment" when used in this section means any wire or
cable for the transmission of cable television, and any related device,
apparatus, or auxiliary equipment, installed upon any pole or in any telegraph
corporation, telephone corporation, electrical corporation or communications
right-of-way, duct, conduit or other similar facilities owned or controlled,
in whole or in part, by one or more public utilities.
    The legislature hereby finds that many public utilities have, through a
course of conduct covering many years, made available space on and in their
poles, ducts, conduits, and other support structures for use by the cable
television industry for pole attachment service, and that the provision of
such pole attachment service by such public utilities is and has been a public
utility service.
    Whenever a public utility and a cable television company are unable to
agree upon the rates, terms or conditions for pole attachments or the terms,
conditions or cost of production of space needed for pole attachments, then
the commission shall establish and regulate the rates, terms and conditions,
and cost of providing space needed for pole attachments so as to assure a
public utility the recovery of not less than all the additional costs of
providing and maintaining pole attachments nor more than the associated
capital cost and operating expenses of the public utility attributable to that
portion of the pole, duct, or conduit used for the pole attachment including a
share of the required support and clearance space. In determining and fixing
the rates, terms and conditions, the commission shall consider the interest of
the customers of the attaching cable television company, the public utility
upon which the attachment is made as well as the customers of the public
utility. To the extent applicable, the procedures set forth in title 61, Idaho
Code, shall apply under the provisions of this section.