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2001 SESSION

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HB 1914 Pole attachments by cable television systems.

Introduced by: John A. (Jack) Rollison, III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Pole attachments. Requires both public utilities and cable television systems or telecommunications service providers to negotiate in good faith to arrive at mutually agreeable contracts for attachments to the public utility's poles. After entering into a contract, the public utility shall permit, upon reasonable terms and conditions and payment of reasonable charges and costs, the attachments or placements, provided they do not interfere, obstruct or delay the service and operation of the public utility or create a safety hazard. Access may be denied if the attachment interferes, obstructs or delays the service and operation of the public utility or creates a safety hazard, of if the public utility provides electric service and the denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. This measure will not apply to pole attachments regulated under federal law.

SUMMARY AS PASSED HOUSE:

Pole attachments. Requires both public utilities and cable television systems or telecommunications service providers to negotiate in good faith to arrive at mutually agreeable contracts for attachments to the public utility's poles. After entering into a contract, the public utility shall permit, upon reasonable terms and conditions and payment of reasonable charges and costs, the attachments or placements, provided they do not interfere, obstruct or delay the service and operation of the public utility or create a safety hazard. Access may be denied if the attachment interferes, obstructs or delays the service and operation of the public utility or creates a safety hazard, of if the public utility provides electric service and the denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. This measure will not apply to pole attachments regulated under federal law.

SUMMARY AS INTRODUCED:

Pole attachments. Requires public utilities to allow cable television systems and telecommunications service providers to attach their wires, cables, facilities or apparatus to the public utility's poles, conduits or similar facilities, upon reasonable terms and conditions and payment of reasonable charges. Access may be denied if the attachment interferes, obstructs or delays the service and operation of the public utility or creates a safety hazard, of if the public utility provides electric service and the denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. Public utilities shall negotiate in good faith with requesting providers and systems, and shall provide nondiscriminatory access to their facilities. If a public utility and provider or system are unable to agree upon the terms, conditions or compensation, either may petition the State Corporation Commission to arbitrate any unresolved issues. This measure will not apply to pole attachments regulated under federal law.