26 Del. Admin. Code § 1004-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1004-7.0 - Standards Governing Attachment Agreements

7.1 General Standards

7.1.1 The provision of attachment facilities shall be deemed to be a service which prospective attaching entities may use on an "as-offered" basis. Public utilities shall retain the right to enter, renew, continue, or permit the transfer or assignment of attachment agreements in their sole discretion based upon availability considerations or other grounds which it reasonably deems to be relevant, subject to the controlling provisions, if any, of such attachment agreements regarding renewal, continuation, transfer, or assignment.

7.1.2 Attachment agreements may contain such provisions as deemed necessary or appropriate to the parties thereto but, at a minimum, shall contain the rates, terms, and conditions under which attachments may be made by an attaching entity to any facilities owned or controlled by a public utility.

7.1.3 Such rates, terms, and conditions:

7.1.3.1 shall be just and reasonable;

7.1.3.2 shall not, with respect to common use purposes, be unduly preferential or unjustly discriminatory; and

7.1.3.3 shall give due consideration to the interests of the subscribers of the attaching entity, as well as the interest of the consumers of the public utility.

7.2 Rates and Charges

7.2.1 Parties to attachment agreements may establish such just and reasonable rates as they can agree to.

7.2.2 A pole attachment rate is "just and reasonable" if it assures the host public utility of not less than the additional costs of providing pole attachments, nor more than an annual amount determined by allocating the cost of the support component of the pole equally among all users thereof and the cost of the usable space component of the pole according to the percentage of usable space allocated to each user, as expressed in the following formula:

Pole Cost x SS + Pole Cost x US x % US = Maximum Annual Rate

N

WHERE:

Pole Cost = Annual operation and maintenance expense attributable to the entire pole

PLUS

Annual fixed changes for depreciation, property taxes, return, and related income taxes on capital attributable to the pole, based upon embedded cost of average bare pole less 15% (5% for telecommunications utilities) for cross-arms and other non-pole related items.

SS = Percentage of total average bare pole allocated as "support component."

N = Total number of public utilities and attaching entities making use of the pole [a reasonable system-wide average based on an actual physical inventory not more than three (3) years old may be used.]

US = Percentage of total average pole allocated as "usable space."

%US = Percentage of usable space allocated to attaching entity.

For purposes of this §7.2.2:

7.2.2.1 "Usable space" means the space on the pole above the minimum ground clearance level which can be used for the attachment of wires, cables, and associated equipment. Absent proof sufficient to establish some other minimum ground clearance in any specific case, twenty (20) feet shall be the presumed minimum ground clearance.

7.2.2.2 "Support component" means the entire length of the pole not deemed to be "usable space."

7.2.2.3 "Average pole". Absent proof sufficient to establish some other average pole length in any specific case, "average pole" length shall be presumed to be:

32.5 feet for telephone utility poles

37.5 feet for electric utility poles.

7.2.3 An attachment rate for conduit, duct, right-of-way, or other similar facilities shall be deemed just and reasonable if it assures the host public utility of not less than the additional cost of providing the facility for attachment nor more than an annual amount determined by allocating the cost of such conduit, duct, right-of-way, or other similar facility equally among all users thereof.

7.3 Make-Ready Charges

Parties to an attachment agreement may establish such one-time "make-ready" charges as they can agree upon provided that the amounts so established must bear a reasonable relationship to the actual one-time costs incurred by the host utility in making the facility available for attachment.

26 Del. Admin. Code § 1004-7.0

27 DE Reg. 891 (5/1/2024) (Final)