26 Del. Admin. Code § 1004-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1004-3.0 - Definitions

3.1 Attaching Entity Means the entity seeking attachment.

3.2 Attachment:Means connection to the poles, ducts, conduits, rights-of-ways, or other similar facilities of any public utility by any other public utility, cable television system (hereinafter "CATV"), other entity or individual.

3.3 Commission:Means the Public Service Commission of the State of Delaware.

3.4 Existing Agreement:Means a written attachment agreement between a public utility and one or more attaching entities entered into prior to, but still in effect as of, the effective date of these regulations.

3.5 Future Agreement:Means a written attachment agreement between a public utility and one or more attaching entities entered into, on, or after the effective date of these regulations. "Future Agreement" shall also include any amendment to an existing agreement which is made on or after the effective date of these regulations.

3.6 Owned or Controlled:This term, when used in the context of facilities which are within the scope of these regulations (hereinafter "facilities") shall include both property interests owned in fee and those held or controlled by a public utility which are less than fee simple property interests, such as a right-of-way, provided that the public utility has the legal right to allow attachment to such property interests.

3.7 Public Utility Means for purposes of this regulation, a utility, as defined by 26 Del.C. § 102 (2) (and not exempt by 26 Del.C. § 202 from regulation by the Public Service Commission) which owns or controls poles, ducts, conduits, and rights-of-way, or other similar facilities appropriate for shared use.

3.8 Similar Utility Facilities: Means utility facilities suitable and appropriate for shared use with attaching entities, e.g., poles, conduits, and rights-of-way. As used in this regulation, this term specifically excludes any electric, gas, or water transmission or distribution mains or lines owned, controlled, or used by any public utility.

26 Del. Admin. Code § 1004-3.0