Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Abandoned Joint-Use Utility
				Pole.
"Abandoned joint-use utility pole" means a joint-use utility pole
				from which all attachments have been removed.
B.
Assigned Space.
"Assigned
				space" on a utility pole is the space assigned by this Rule or by an order in a
				proceeding under
				35-A
				M.R.S. §711 for the attachments of
				conductors or circuitry by joint-use entities, consistent with the provisions
				of the National Electrical Safety Code, Blue Book, or other reasonable
				practices. Assigned space does not include common space, including the
				communications worker safety zone. Space which may be available on a joint-use
				utility pole for an additional attaching entity must not be considered assigned
				space until an additional attachment is made, but must instead be considered
				common space.
C.
Attaching
				Entity.
"Attaching entity" means a joint-use entity with an attachment
				to a joint-use utility pole.
D.
Average Joint-Use Utility Pole.
An "average joint-use utility
				pole" is a joint-use utility pole which is 37.5 feet long, including the
				portion of the pole which is in the ground, with 13.5 feet of total usable
				space.
E.
Blue Book.
The "Blue Book" is "SR-1421, Blue Book - Manual of Construction Procedures"
				published by Telcordia.
F.
Cable Television System.
A "cable television system" is as defined
				by in Title 47 of the United States Code.
G.
Common Space.
The "common
				space" of a joint-use utility pole is space used by all of the joint users in
				common and consists of the portion of a pole beneath ground level, the portion
				from ground level to the lowest place on the pole at which a telecommunications
				circuit may be attached, plus all but 6 inches of the telecommunications worker
				safety zone. The common space is equal to the length of the pole minus the
				assigned spaces for each attaching entity. In addition, for the purpose of
				assigning and allocating space and costs on a joint-use utility pole, space
				which may be available for an additional attachment, and which would become
				assigned space if an additional attachment were made, must be considered common
				space until such an attachment is made.
H.
Complex Make-Ready.
"Complex
				make-ready" means any make ready work above the communications space; transfers
				and work within the communications space that would be reasonably likely to
				cause a service outage or facility damage, including the splicing of any
				communication attachment or relocation of an existing wireless attachment; and
				the replacement of a joint-use utility pole. 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.
I.
Communications
				Space.
The "communications space" is the portion on a joint-use utility
				pole that begins at the bottom of the communications worker safety zone and
				ends at the lowest point above grade to which a horizontal communications wire
				can be attached consistent with the National Electrical Safety Code.
J.
Communication Worker Safety
				Zone.
The "communication worker safety zone" is a 40-inch vertical
				space, or other amount as required by the National Electrical Safety Code for
				the purpose of safety, on which no electric or communications circuitry may be
				attached. It is located between the areas to which electric conductors and
				communication circuitry may be attached. All but six inches of the
				"communications worker safety zone" must be considered part of the common space
				of a utility pole.
K.
Electric Utility.
An "electric utility" is as defined in Title
				35-A of the Maine Revised Statutes.
L.
FCC Cable Rate Formula.
The
				"FCC Cable Rate Formula" is the formula currently set forth in
				47 C.F.R. §
										1.1406(d)(1), and as may
				subsequently be amended or redesignated by the Federal Communications
				Commission.
M.
Information
				Service Provider.
"Information service provider" means a provider of
				"information service" as that term is defined in Title 47 of the United States
				Code.
N.
Joint-Use
				Entity.
"Joint-use entity" means a public utility, voice service
				provider, wholesale or retail competitive local exchange carrier, cable
				television system, unlit fiber provider, telecommunications service provider or
				information service provider.
O.
Joint-Use Software System.
"Joint-use software system means a
				system (e.g. Alden One) that processes, coordinates, and/or consolidates
				joint-use utility pole-related data that may include data related to the
				ownership, geographic location, size, class, and communications and electric
				facilities on joint-use utility poles to facilitate notifications regarding the
				placement, replacement, or removal of joint-use utility poles and the
				placement, replacement, or removal of attachments to joint-use utility
				poles.
P.
Joint-Use Utility
				Pole.
A "joint-use utility pole" is a utility pole on which there are
				circuit or electric conductor attachments by an electric utility and
				attachments by one or more joint-use entities. Joint-use utility poles do not
				include poles whose sole purpose is supporting electrical transmission
				conductors as defined by the Federal Energy Regulatory Commission. However, if
				an electric utility under-builds a transmission line with distribution, those
				poles are considered joint-use utility poles.
Q.
Large Pole Owner.
"Large pole
				owner" means Versant Power, Central Maine Power Company, and Consolidated
				Communications of Maine Company or their successors.
R.
Make-Ready Work.
"Make-ready
				work" or "make-ready" means the modification or replacement of a joint-use
				utility pole, or of the lines or equipment on the joint-use utility pole, to
				accommodate additional facilities on the joint-use utility pole.
S.
National Electrical Safety
				Code.
The "National Electric Safety Code" or "NESC" is published by the
				Institute of Electrical and Electronics Engineers and approved by the American
				National Standards Institute Code C2. The NESC is also described in
				35-A
				M.R.S. §2305-A.
T.
Overlash.
"Overlash" means
				the tying or lashing of additional communications wires, cables, and facilities
				to existing communications wires, cables, or supporting strand already attached
				to poles.
U.
Pole
				Attachment.
"Pole attachment" or "attachment" is the physical connection
				of a facility that a joint-use entity uses to provide communications or
				electric service.
V.
Pole
				Owner.
"Pole owner" means an entity that owns or jointly owns a
				joint-use utility pole, or controls usable space on a joint-use utility
				pole.
W.
Replaced Joint-Use
				Utility-Pole.
"Replaced joint-use utility pole" means a joint-use
				utility pole that has been replaced by a new joint-use utility pole. Once the
				last attachment has been removed from the pole, the pole becomes an abandoned
				joint-use utility pole.
X.
Requesting Party.
"Requesting party" means a utility or joint-use
				entity that is seeking to place attachments on joint-use utility
				poles.
Y.
Responsibility
				Requirement.
The "responsibility requirement" of an attaching entity is
				the portion of joint-use utility pole costs for which the attaching entity is
				responsible.
Z.
Simple
				Make-Ready.
"Simple make-ready" means make-ready work where existing
				attachments in the communications space of a joint-use utility pole can be
				transferred without any reasonable expectation of a service outage or facility
				damage and where the transfer does not require splicing of any existing
				communication attachment or relocation of an existing wireless attachment.
				Simple make ready does not apply to attachments above the communications space
				or pole replacements.
AA.
Space Factor.
"Space factor" is the quotient derived from dividing
				the space occupied by a single attachment on a joint-use utility pole by the
				total usable space on a joint-use utility pole.
BB.
Telecommunications Carrier.
"Telecommunications carrier" is as defined in Title 47 of the United States
				Code.
CC.
Telecommunications
				Service Provider.
Telecommunications service provider means a provider
				of telecommunications service as that term is defined in Title 47 of the United
				States Code.
DD.
Telecommunications Service.
"Telecommunications service" is as
				defined in Title 47 of the United States Code.
EE.
Telephone Utility.
A
				"telephone utility" is as defined in Title 35-A of the Maine Revised
				Statutes.
FF.
Unlit
				Fiber.
"Unlit fiber" means one or more strands within a bundle of
				fiber-optic cable through which an associated light signal or light
				communication transmission must be provided to provide communications service,
				but excluding the electronic equipment required in order to render the fiber
				capable of transmitting communications.
GG.
Unlit Fiber Provider.
"Unlit
				fiber provider" means a provider of "unlit fiber." Unlit fiber provider also
				includes a "dark fiber provider" as defined in Title 35-A of the Maine Revised
				Statutes.
HH.
Usable
				Space.
"Usable Space" means the space on a joint-use utility pole above
				the minimum grade level which can be used for the attachment of wires, cables,
				and associated equipment.
II.
Utility.
"Utility" has the same definition as "Public Utility" in
				Title 35-A of the Maine Revised Statutes.
JJ.
Voice Service Provider.
"Voice service provider" is as defined in Title 35-A of the Maine Revised
				Statutes.
KK.
Wholesale
				Competitive Local Exchange Carrier.
"Wholesale competitive local
				exchange carrier" is as defined in Title 35-A of the Maine Revised
				Statutes.