Section 9518 Of Part 2. Utility Poles And Support Structures From California Public Utilities Code >> Division 4.8. >> Part 2.
9518
. (a) A judicial action or proceeding to attack, review, set
aside, void, or annul an ordinance, resolution, motion, or contract
adopting, or increasing, a fee described in this part, or adopting or
changing the terms and conditions of access subject to this part, or
an automatic adjustment that results in an increase in the amount of
a fee described in this part, shall be commenced within 120 days of
the effective date of the ordinance, resolution, motion, contract, or
automatic adjustment.
(b) An action by a local publicly owned electric utility or
interested person shall be brought pursuant to Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure.
(c) A person or entity shall not initiate an action or proceeding
pursuant to subdivision (a) unless both of the following requirements
are met:
(1) The fee or requirement will be directly imposed on the person
or entity as a condition for the use of a utility pole or support
structure, or the entity is a trade association that represents that
person or entity.
(2) At least 30 days before initiating the action or proceeding,
the person or entity, or trade association representing that person
or entity, requests the local publicly owned electric utility to
provide a copy of documents that purport to establish that the fee
does not exceed the amount reasonably necessary to cover the cost of
the use of the utility pole or support structure, consistent with
this part, or that the term and conditions of access or change to the
terms and conditions of access are reasonable. The local publicly
owned electric utility may charge a fee for the direct costs of
copying the documents requested pursuant to this paragraph.
(d) An action to enforce this part shall be brought in a court of
competent jurisdiction.