West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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.