Section 767.7 Of Article 3. Equipment, Practices, And Facilities From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 3.
767.7
. (a) The Legislature finds and declares all of the following:
(1) The Legislature has encouraged, and continues to encourage,
the rapid and economic development of telecommunications services to
all Californians.
(2) Pursuant to Section 767.5, public utilities have dedicated a
portion of their support structures to cable television corporations
which have been increasingly attaching fiber optic cable that is
capable of a variety of telecommunications uses. Other utilities not
under the jurisdiction of the commission have also made the same
dedication.
(3) Public utility and publicly owned utility support structures
are also used by entities, other than cable television corporations,
with the acquiescence of the public utility and voluntary permission
of the publicly owned utility, for the purpose of installing fiber
optic cable in order to provide various telecommunications services.
(4) Electric public utilities are currently installing fiber optic
cables on their systems to enhance their operations and better serve
their customers. Fiber optic cables installed by telephone, cable,
and other telecommunications corporations may be accessed by electric
public utilities and publicly owned utilities to enhance their
operations and better serve their customers. The access may be
accomplished by contract or through the purchase of tariffed
services.
(b) It is therefore the intent of the Legislature that public
utilities and publicly owned utilities be fairly and adequately
compensated for the use of their rights-of-way and easements for the
installation of fiber optic cable, and that electric public utilities
and publicly owned utilities have the ability, if they so desire, to
negotiate a purchase, lease, or rent of access to those fiber optic
cables for their own use.
(c) Nothing in this section shall be deemed to change existing law
with respect to Section 767.5.