61-538. POLE ATTACHMENTS — REGULATION. As used in this section, the term "public utility" includes any person, firm or corporation except a publicly owned utility which owns or controls poles, ducts, conduits or rights-of-way used or useful, in whole or in part, for wire communication, and which are not subject to the jurisdiction of the commission under section 61-129, Idaho Code.

The term "cable television company" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof, which transmits television signals for distribution to subscribers of its services for a fee by means of wires or cables connecting its distribution facilities with the customer’s television receiver or the customer’s equipment connecting to the customer’s receiver rather than by transmission of the television signal through the air.

The term "pole attachment" when used in this section means any wire or cable for the transmission of cable television, and any related device, apparatus, or auxiliary equipment, installed upon any pole or in any telegraph corporation, telephone corporation, electrical corporation or communications right-of-way, duct, conduit or other similar facilities owned or controlled, in whole or in part, by one or more public utilities.

The legislature hereby finds that many public utilities have, through a course of conduct covering many years, made available space on and in their poles, ducts, conduits, and other support structures for use by the cable television industry for pole attachment service, and that the provision of such pole attachment service by such public utilities is and has been a public utility service.

Whenever a public utility and a cable television company are unable to agree upon the rates, terms or conditions for pole attachments or the terms, conditions or cost of production of space needed for pole attachments, then the commission shall establish and regulate the rates, terms and conditions, and cost of providing space needed for pole attachments so as to assure a public utility the recovery of not less than all the additional costs of providing and maintaining pole attachments nor more than the associated capital cost and operating expenses of the public utility attributable to that portion of the pole, duct, or conduit used for the pole attachment including a share of the required support and clearance space. In determining and fixing the rates, terms and conditions, the commission shall consider the interest of the customers of the attaching cable television company, the public utility upon which the attachment is made as well as the customers of the public utility. To the extent applicable, the procedures set forth in title 61, Idaho Code, shall apply under the provisions of this section.

History:

[61-538, added 1982, ch. 193, sec. 1, p. 520.]