767.5
. (a) As used in this section:
(1) "Public utility" includes any person, firm, or corporation,
except a publicly owned public utility, which owns or controls, or in
combination jointly owns or controls, support structures or
rights-of-way used or useful, in whole or in part, for wire
communication.
(2) "Support structure" includes, but is not limited to, a utility
pole, anchor, duct, conduit, manhole, or handhole.
(3) "Pole attachment" means any attachment to surplus space, or
use of excess capacity, by a cable television corporation for a wire
communication system on or in any support structure located on or in
any right-of-way or easement owned, controlled, or used by a public
utility.
(4) "Surplus space" means that portion of the usable space on a
utility pole which has the necessary clearance from other pole users,
as required by the orders and regulations of the commission, to
allow its use by a cable television corporation for a pole
attachment.
(5) "Excess capacity" means volume or capacity in a duct, conduit,
or support structure other than a utility pole or anchor which can
be used, pursuant to the orders and regulations of the commission,
for a pole attachment.
(6) "Usable space" means the total distance between the top of the
utility pole and the lowest possible attachment point that provides
the minimum allowable vertical clearance.
(7) "Minimum allowable vertical clearance" means the minimum
clearance for communication conductors along rights-of-way or other
areas as specified in the orders and regulations of the commission.
(8) "Rearrangements" means work performed, at the request of a
cable television corporation, to, on, or in an existing support
structure to create such surplus space or excess capacity as is
necessary to make it usable for a pole attachment. When an existing
support structure does not contain adequate surplus space or excess
capacity and cannot be so rearranged as to create the required
surplus space or excess capacity for a pole attachment,
"rearrangements" shall include replacement, at the request of a cable
television corporation, of the support structure in order to provide
adequate surplus space or excess capacity.
(9) "Annual cost of ownership" means the sum of the annual capital
costs and annual operation costs of the support structure which
shall be the average costs of all similar support structures owned by
the public utility. The basis for computation of annual capital
costs shall be historical capital costs less depreciation. The
accounts upon which the historical capital costs are determined shall
include a credit for all reimbursed capital costs of the public
utility. Depreciation shall be based upon the average service life of
the support structure. As used in this paragraph, "annual cost of
ownership" shall not include costs for any property not necessary for
a pole attachment.
(b) The Legislature finds and declares that public utilities have
dedicated a portion of such support structures to cable television
corporations for pole attachments in that public utilities have made
available, through a course of conduct covering many years, surplus
space and excess capacity on and in their support structures for use
by cable television corporations for pole attachments, and that the
provision by such public utilities of surplus space and excess
capacity for such pole attachments is a public utility service
delivered by public utilities to cable television corporations.
The Legislature further finds and declares that it is in the
interests of the people of California for public utilities to
continue to make available such surplus space and excess capacity for
use by cable television corportions.
(c) Whenever a public utility and a cable television corporation
or association of cable television corporations are unable to agree
upon the terms, conditions, or annual compensation for pole
attachments or the terms, conditions, or costs of rearrangements, the
commission shall establish and enforce the rates, terms, and
conditions for pole attachments and rearrangements so as to assure a
public utility the recovery of both of the following:
(1) A one-time reimbursement for actual costs incurred by the
public utility for rearrangements performed at the request of the
cable television corporation.
(2) An annual recurring fee computed as follows:
(A) For each pole and supporting anchor actually used by the cable
television corporation, for a period of four years following the
effective date of this section, the annual fee shall be two dollars
and fifty cents ($2.50). Thereafter, the annual fee shall be two
dollars and fifty cents ($2.50) or 7.4 percent of the public utility'
s annual cost of ownership for the pole and supporting anchor,
whichever is greater, except that if a public utility applies for
establishment of a fee in excess of two dollars and fifty cents
($2.50) under this section, the annual fee shall be 7.4 percent of
the public utility's annual cost of ownership for the pole and
supporting anchor.
(B) For support structures used by the cable television
corporation, other than poles or anchors, a percentage of the annual
cost of ownership for the support structure, computed by dividing the
volume or capacity rendered unusable by the cable television
corporation's equipment by the total usable volume or capacity. As
used in this paragraph, "total usable volume or capacity" means all
volume or capacity in which the public utility's line, plant, or
system could legally be located, including the volume or capacity
rendered unusable by the cable television corporation's equipment.
(d) In the event that it becomes necessary for the public utility
to use space or capacity on or in a support structure occupied by the
cable television corporation's equipment, the cable television
corporation shall either (1) pay all costs for rearrangements
necessary to maintain the pole attachment or (2) remove its cable
television equipment at its own expense.