Section 15-1613. RATES FOR REARRANGEMENT OR REMOVAL OF FACILITIES

 

1613.1When the utility company has an alternative use for the facilities, a cable operator shall relinquish its space, or pay for construction of new facilities, or pay for rearrangement of facilities. This provision shall not apply to facilities where the cable operator has funded the construction of the broadband transport facilities.

 

1613.2Rearrangement of facilities shall be an appropriate alternative only if such rearrangement will not adversely affect the present or future needs of the utility.

 

1613.3The Commission shall order the cable operator to pay the total cost, or some portion thereof, of rearrangement of facilities in the following circumstances:

 

(a)Where the utility needs to use the facilities being used by a cable operator for the utilities' own needs; or

 

(b)Where leasing to another party would produce a net benefit, as determined by the Commission, to utility ratepayers in the District of Columbia.

 

1613.4In determining usable space on a pole, the utility shall adhere to the applicable codes governing ground clearance and safety zones.

 

1613.5When determining the amount of space on a pole to be assigned to a cable operator, the utility shall take into account applicable safety codes, as well as electric and telephone lines plus the necessary space for the cable and its distribution box.

 

source

Final Rulemaking published at 33 DCR 5667, 5668 (September 12, 1986).