A bill to amend the Communications Act of 1934 to provide for the regulation of utility pole attachments.
PL 95-234 (H.R.7442), enacted 02/21/1978

PUBLIC LAW 95-234—FEB. 21, 1978 
92 STAT. 33 
Public Law 95-234 
95th Congress 
An Act 
To amend the Communications Act of 1934 to provide for the regulation of 
utility pole attachments. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Communications Act Amendments of 1978". 
SEC. 2. Section 503(b) of the Communications Act of 1934 (47 
U.S.C. 503(b)) is amended to read as follows: 
"(b) Any person who is determined by the Commission, in accord-
ance with paragraph (3) or (4) of this subsection, to have— 
"(A) willfully or repeatedly failed to comply substantially 
with the terms and conditions of any license, permit, certificate, 
or other instrument or authorization issued by the Commission; 
"(B) willfully or repeatedly failed to comply with any of the 
provisions of this Act or of any rule, regulation, or order issued 
by the Commission under this Act or under any treaty, conven-
tion, or other agreement to which the United States is a party and 
which is binding upon the United States; 
"(C) violated any provision of section 317(c) or 509(a) of this 
Act; or 
"(D) violated any provision of section 1304, 1343, or 1464 of 
title 18, United States Code; 
shall be liable to the United States for a forfeiture penalty. A for-
feiture penalty under this subsection shall be in addition to any other 
penalty provided for by this Act; except that this subsection shall not 
apply to any conduct which is subject to forfeiture under title II, part 
II or III of title III, or section 507 of this Act. 
"(2) The amount of any forfeiture penalty determined under this 
subsection shall not exceed $2,000 for each violation. Each day of a 
continuing violation shall constitute a separate offense, but the total 
forfeiture penalty which may be imposed under this subsection, for 
acts or omissions described in paragraph (1) of this subsection and 
set forth in the notice or the notice of apparent liability issued under 
this subsection, shall not exceed— 
"(A) $20,000, if the violator is (i) a common carrier subject 
to the provisions of this Act, (ii) a broadcast station licensee 
or permittee, or (iii) a cable television operator; or 
"(B) $5,000, in any case not covered by subparagraph (A). 
The amount of such forfeiture penalty shall be assessed by the 
Commission, or its designee, by written notice. In determining the 
amount of such a forfeiture penalty, the Commission or its designee 
shall take into account the nature, circumstances, extent, and gravity 
of the prohibited acts committed and, with respect to the violator, the 
degree of culpability, any history of prior offenses, ability to pay, 
and such other matters as justice may require. 
"(3) (A) At the discretion of the Commission, a forfeiture penalty 
may be determined against a person under this subsection after notice 
and an opportunity for a hearing before the Commission or an admin-
istrative law judge thereof in accordance with section 554 of title 5, 
United States Code. Any person against whom a forfeiture penalty 
Feb. 21, 1978 
[H.R. 7442] 
Communications 
Act Amendments 
of 1978. 
47 u s e 609 note. 
47 u s e 317, 
509. 
Forfeiture 
penalties. 
47 u s e 201, 
351, 381, 507. 
Violations. 
Penalty 
assessment. 
Penalty 
determinations, 
notice and 
92 STAT. 34 
PUBLIC LAW 95-234—FEB. 21, 1978 
47 u s e 402. 
Unpaid 
assessment 
recovery, referral 
to Attorney 
General. 
Apparent liability 
notice. 
Liability 
exemption 
period. 
47 u s e 301. 
is determined under this paragraph may obtain review thereof pursu-
ant to section 402(a). 
"(B) If any person fails to pay an assessment of a forfeiture 
penalty determined under subparagraph (A) of this paragraph, after 
it has become a final and unappealable order or after the appropriate 
court has entered final judgment in favor of the Commission, the 
Commission shall refer the matter to the Attorney General of the 
United States, who shall recover the amount assessed in any appro-
priate district court of the United States. In such action, the validity 
and appropriateness of the final order imposing the forfeiture penalty 
shall not be subject to review. 
"(4) Except as provided in paragraph (3) of this subsection, no 
forfeiture penalty shall be imposed under this subsection against any 
person unless and until— 
"(A) the Commission issues a notice of apparent liability, in 
writing, with respect to such person; 
"(B) such notice has been received by such person, or until 
the Commission has sent such notice to the last known address 
of such person, by registered or certified mail; and 
"(C) such person is granted an opportunity to show, in writing, 
within such reasonable period of time as the Commission pre-
scribes by rule or regulation, why no such forfeiture penalty 
should be imposed. 
Such a notice shall (i) identify each specific provision, term, and 
condition of any Act, rule, regulation, order, treaty, convention, or 
other agreement, license, permit, certificate, instrument, or authori-
zation which such person apparently violated or with which such 
person apparently failed to comply; (ii) set forth the nature of the 
act or omission charged against such person and the facts upon which 
such charge is based; and (iii) state the date on which such conduct 
occurred. Any forfeiture penalty determined under this paragraph 
shall be recoverable pursuant to section 504(a) of this Act. 
"(5) No forfeiture liability shall be determined under this sub-
section against any person, if such person does not hold a license, per-
mit, certificate, or other authorization issued by the Commission, 
unless, prior to the notice required by paragraph (3) of this subsec-
tion or the notice of apparent liability required by paragraph (4) of 
this subsection, such person (A) is sent a citation of the violation 
charged; (B) is given a reasonable opportunity for a personal inter-
view with an official of the Commission, at the field office of the Com-
mission which is nearest to such person's place of residence; and 
(C) subsequently engages in conduct of the type described in such 
citation. The provisions of this paragraph shall not apply, however, 
if the person involved is engaging in activities for which a license, 
permit, certificate, or other authorization is required. Whenever the 
requirements of this paragraph are satisfied with respect to a par-
ticular person, such person shall not be entitled to receive any addi-
tional citation of the violation charged, with respect to any conduct 
of the type described in the citation sent under this paragraph. 
"(6) No forfeiture penalty shall be determined or imposed against 
any person under this subsection if— 
"(A) such person holds a broadcast station license issued under 
title III of this Act and if the violation charged occurred— 
"(i) more than 1 year prior to the date of issuance of the 
required notice or notice of apparent liability; or 
" (ii) prior to the date of commencement of the current term 
of such license, 
PUBLIC LAW 95-234—FEB. 21, 1978 
92 STAT. 35 
whichever is earlier so long as such violation occurred within 3 
years prior to the date of issuance of such required notice; or 
"(B) such person does not hold a broadcast station license 
issued under title III of this Act and if the violation charged 47 U
S
C 301. 
occurred more than 1 year prior to the date of issuance of the 
required notice or notice of apparent liability.". 
SEC. 3. (a) The first sentence of section 504(a) of the Communica-
tions Act of 1934 (47 U.S.C. 504(a)) is amended by inserting immedi-
ately after "recoverable" the following: ", except as otherwise 
provided with respect to a forfeiture penalty determined under sec-
tion 503(b) (3) of this Act,". 
(b) Section 504(b) of such Act is amended (1) by striking out 
"parts II and III of title III and section 503(b), section 607, and sec-
tion 510" and inserting in lieu thereof "title II, parts II and III of 
title III, and sections 503(b) and 507"; and (2) by striking out ", 
upon application therefor,". 
SEC. 4. Section 510 of the Communications Act of 1934 (47 U.S.C. 
510) is repealed in its entirety. 
SEC. 5. Section 2(b) of the Communications Act of 1934 (47 U.S.C. 
152(b)) is amended by striking the word "Subject" and inserting in 
lieu thereof the following "Except as provided in section 224 and ^
"
Z
™
-
subject". 
SEC. 6. Title II of the Communications Act of 1934 is amended by 
adding at the end thereof the following new section: 
47 USC 503. 
47 USC 351, 
381, 503, 507, 
510. 
47 USC 201, 
351, 381, 503, 
507. 
Repeal. 
n - 
REGULATIONS OF POLE ATTACHMENTS 
"SEC. 224. (a) As used in this section: 
Definitions. 
"(1) The term 'utility' means any person whose rates or charges 47 USC 224. 
are regulated by the Federal Government or a State and who owns or 
controls poles, ducts, conduits, or rights-of-way used, in whole or in 
part, for wire communication. Such term does not include any rail-
road, any person who is cooperatively organized, or any person owned 
by the Federal Government or any State. 
"(2) TTie term 'Federal Government' means the Government of the 
United States or any agency or instrumentality thereof. 
"(3) The term 'State' means any State, territory, or possession of 
the United States, the District of Columbia, or any political subdivi-
sion, agency, or instrumentality thereof. 
"(4) The term 'pole attachment' means any attiachment by a cable 
television system to a pole, duct, conduit, or right-of-way owned or 
controlled by a utility. 
"(b) (1) Subject to the provisions of subsection (c) of this section. Enforcement, 
the Commission shall regulate the rates, terms, and conditions for 
pole attachments to provide that such rates, terms, and conditions are 
]ust and reasonable, and shall adopt procedures necessary and appro-
priate to hear and resolve complaints concerning such rates, terms, 
and conditions. For purposes of enforcing any determinations result-
ing from complaint procedures established pursuant to this subsection, 
the Commission shall take such action as it deems appropriate and 
necessary, including issuing cease and desist orders, as authorized by 
section 312(b) of title III of the Communications Act of 1934, as 
amended. 
47 USC 312. 
"(2) Within 180 days from the date of enactment of this section the Regulations. 
Commission shall prescribe by rule regulations to carry out the provi-
sions of this section. 
92 STAT. 36 
PUBLIC LAW 95-234—FEB. 21, 1978 
State regulation, 
certification. 
Just and 
reasonable rates. 
"Usable space." 
Expiration date. 
Effective date. 
47 u s e 152 note. 
Ante, p. 35. 
"(c) (1) Nothing in this section shall be construed to apply to, or 
to give the Commission jurisdiction with respect to rates, terms, and 
conditions for pole attachments in any case where such matters are 
regulated by a State. 
"(2) Each State which regulates the rates, terms, and conditions 
for pole attachments shall certify to the Commission that— 
"(A) it regulates such rates, terms, and conditions; and 
"(B) in so regulating such rates, terms, and conditions, the 
State has the authority to consider and does consider the interests 
of the subscribers of cable television services, as well as the inter-
ests of the consumers of the utility services. 
"(d)(1) For purposes of subsection (b) of this section, a rate is 
just and reasonable if it assures a utility the recovery of not less than 
the additional costs of providing pole attachments, nor more than an 
amount determined by multiplying the percentage of the total usable 
space, or the percentage of the total duct or conduit capacity, which 
is occupied by the pole attachment by the sum of the operating 
expenses and actual capital costs of the utility attributable to the entire 
pole, duct, conduit, or right-of-way. 
"(2) As used in this subsection, the term 'usable space' means the 
space above the minimum grade level which can be used for the attach-
ment of wires, cables, and associated equipment. 
"(e) Upon the expiration of the 5-year period that begins on the 
date of enactment of this Act the provisions of subsection (d) of this 
section shall cease to have a,ny effect.". 
SEC. 7. The amendments made by this Act shall take effect on the 
thirtieth day after the date of enactment of this Act; except that the 
provisions of sections 503(b) and 510 of the Communications Act of 
1934, as in effect on such date of enactment, shall continue to constitute 
the applicable law with the respect to any act or omission which 
occurs prior to such thirtieth day. 
Approved February 21, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-721 and 95-721, pt. 2 (Coram, on Interstate and Foreign 
Commerce). 
SENATE REPORT No. 95-580 accompanying S. 1547 (Coram, on Coramerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Oct. 25, considered and passed House. 
' 
Vol. 124 (1978): Jan. 31, considered and passed Senate, amended, in lieu of 
S. 1547. 
Feb. 1, House concurred in Senate amendment, with amend-
ments. 
Feb. 6, Senate disagreed to House amendments Nos. 1, 2, and 
3; concurred in amendment No. 4, with an amendment. 
House receded from amendments Nos. 1, 2, and 3; con-
curred in Senate araendraent of No. 4.