Section 9512 Of Part 2. Utility Poles And Support Structures From California Public Utilities Code >> Division 4.8. >> Part 2.
9512
. (a) (1) An annual fee charged by a local publicly owned
electric utility for the use of a utility pole by a communications
service provider shall not exceed an amount determined by multiplying
the percentage of the total usable space that would be occupied by
the attachment by the annual costs of ownership of the pole and its
supporting anchor. As used in this paragraph and paragraph (2),
"usable space" means the space above the minimum grade level that can
be used for the attachment of wires, cables, and associated
equipment. It shall be presumed, subject to factual rebuttal, that a
single attachment occupies one foot of usable space and that an
average utility pole contains 13.5 feet of usable space.
(2) An annual fee charged by a local publicly owned electric
utility for use of a support structure by a communications service
provider shall not exceed the local publicly owned electric utility's
annual costs of ownership of the percentage of the volume of the
capacity of the structure rendered unusable by the equipment of the
communications service provider.
(3) As used in this subdivision, the "annual costs of ownership"
is the sum of the annual capital costs and annual operation costs of
the pole or support structure, which shall be the average costs of
all similar utility poles or structures owned or controlled by the
local publicly owned electric utility. The basis for the computation
of annual capital costs shall be historical capital costs less
depreciation. The accounting upon which the historical capital costs
are determined shall include a credit for all reimbursed capital
costs. Depreciation shall be based upon the average service life of
the utility pole or support structure. "Annual cost of ownership"
does not include costs for any property not necessary for use by the
communications service provider.
(b) A local publicly owned electric utility shall not levy a fee
that exceeds the estimated amount required to provide use of the
utility pole or support structure for which the annual recurring fee
is levied. If the fee creates revenues in excess of actual costs,
those revenues shall be used to reduce the fee.
(c) A jointly owned pole is not included within the requirements
of this section, if a joint owner other than the local publicly owned
electric utility has control of access to the space that would be
used by the communications service provider.