65-407-880 Me. Code R. § 1

Current through 2024-25, June 19, 2024

Section 407-880-1 - DEFINITIONS

A.Abandoned Joint-Use Utility Pole. "Abandoned joint-use utility pole" means a joint-use utility pole from which all attachments have been removed.

B.Assigned Space. "Assigned space" on a utility pole is the space assigned by this Rule or by an order in a proceeding under 35-A M.R.S. §711 for the attachments of conductors or circuitry by joint-use entities, consistent with the provisions of the National Electrical Safety Code, Blue Book, or other reasonable practices. Assigned space does not include common space, including the communications worker safety zone. Space which may be available on a joint-use utility pole for an additional attaching entity must not be considered assigned space until an additional attachment is made, but must instead be considered common space.

C.Attaching Entity. "Attaching entity" means a joint-use entity with an attachment to a joint-use utility pole.

D.Average Joint-Use Utility Pole. An "average joint-use utility pole" is a joint-use utility pole which is 37.5 feet long, including the portion of the pole which is in the ground, with 13.5 feet of total usable space.

E.Blue Book. The "Blue Book" is "SR-1421, Blue Book - Manual of Construction Procedures" published by Telcordia.

F.Cable Television System. A "cable television system" is as defined by in Title 47 of the United States Code.

G.Common Space. The "common space" of a joint-use utility pole is space used by all of the joint users in common and consists of the portion of a pole beneath ground level, the portion from ground level to the lowest place on the pole at which a telecommunications circuit may be attached, plus all but 6 inches of the telecommunications worker safety zone. The common space is equal to the length of the pole minus the assigned spaces for each attaching entity. In addition, for the purpose of assigning and allocating space and costs on a joint-use utility pole, space which may be available for an additional attachment, and which would become assigned space if an additional attachment were made, must be considered common space until such an attachment is made.

H.Complex Make-Ready. "Complex make-ready" means any make ready work above the communications space; transfers and work within the communications space that would be reasonably likely to cause a service outage or facility damage, including the splicing of any communication attachment or relocation of an existing wireless attachment; and the replacement of a joint-use utility pole. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers, are to be considered complex.

I.Communications Space. The "communications space" is the portion on a joint-use utility pole that begins at the bottom of the communications worker safety zone and ends at the lowest point above grade to which a horizontal communications wire can be attached consistent with the National Electrical Safety Code.

J.Communication Worker Safety Zone. The "communication worker safety zone" is a 40-inch vertical space, or other amount as required by the National Electrical Safety Code for the purpose of safety, on which no electric or communications circuitry may be attached. It is located between the areas to which electric conductors and communication circuitry may be attached. All but six inches of the "communications worker safety zone" must be considered part of the common space of a utility pole.

K.Electric Utility. An "electric utility" is as defined in Title 35-A of the Maine Revised Statutes.

L.FCC Cable Rate Formula. The "FCC Cable Rate Formula" is the formula currently set forth in 47 C.F.R. § 1.1406(d)(1), and as may subsequently be amended or redesignated by the Federal Communications Commission.

M.Information Service Provider. "Information service provider" means a provider of "information service" as that term is defined in Title 47 of the United States Code.

N.Joint-Use Entity. "Joint-use entity" means a public utility, voice service provider, wholesale or retail competitive local exchange carrier, cable television system, unlit fiber provider, telecommunications service provider or information service provider.

O.Joint-Use Software System. "Joint-use software system means a system (e.g. Alden One) that processes, coordinates, and/or consolidates joint-use utility pole-related data that may include data related to the ownership, geographic location, size, class, and communications and electric facilities on joint-use utility poles to facilitate notifications regarding the placement, replacement, or removal of joint-use utility poles and the placement, replacement, or removal of attachments to joint-use utility poles.

P.Joint-Use Utility Pole. A "joint-use utility pole" is a utility pole on which there are circuit or electric conductor attachments by an electric utility and attachments by one or more joint-use entities. Joint-use utility poles do not include poles whose sole purpose is supporting electrical transmission conductors as defined by the Federal Energy Regulatory Commission. However, if an electric utility under-builds a transmission line with distribution, those poles are considered joint-use utility poles.

Q.Large Pole Owner. "Large pole owner" means Versant Power, Central Maine Power Company, and Consolidated Communications of Maine Company or their successors.

R.Make-Ready Work. "Make-ready work" or "make-ready" means the modification or replacement of a joint-use utility pole, or of the lines or equipment on the joint-use utility pole, to accommodate additional facilities on the joint-use utility pole.

S.National Electrical Safety Code. The "National Electric Safety Code" or "NESC" is published by the Institute of Electrical and Electronics Engineers and approved by the American National Standards Institute Code C2. The NESC is also described in 35-A M.R.S. §2305-A.

T.Overlash. "Overlash" means the tying or lashing of additional communications wires, cables, and facilities to existing communications wires, cables, or supporting strand already attached to poles.

U.Pole Attachment. "Pole attachment" or "attachment" is the physical connection of a facility that a joint-use entity uses to provide communications or electric service.

V.Pole Owner. "Pole owner" means an entity that owns or jointly owns a joint-use utility pole, or controls usable space on a joint-use utility pole.

W.Replaced Joint-Use Utility-Pole. "Replaced joint-use utility pole" means a joint-use utility pole that has been replaced by a new joint-use utility pole. Once the last attachment has been removed from the pole, the pole becomes an abandoned joint-use utility pole.

X.Requesting Party. "Requesting party" means a utility or joint-use entity that is seeking to place attachments on joint-use utility poles.

Y.Responsibility Requirement. The "responsibility requirement" of an attaching entity is the portion of joint-use utility pole costs for which the attaching entity is responsible.

Z.Simple Make-Ready. "Simple make-ready" means make-ready work where existing attachments in the communications space of a joint-use utility pole can be transferred without any reasonable expectation of a service outage or facility damage and where the transfer does not require splicing of any existing communication attachment or relocation of an existing wireless attachment. Simple make ready does not apply to attachments above the communications space or pole replacements.

AA.Space Factor. "Space factor" is the quotient derived from dividing the space occupied by a single attachment on a joint-use utility pole by the total usable space on a joint-use utility pole.

BB.Telecommunications Carrier. "Telecommunications carrier" is as defined in Title 47 of the United States Code.

CC.Telecommunications Service Provider. Telecommunications service provider means a provider of telecommunications service as that term is defined in Title 47 of the United States Code.

DD.Telecommunications Service. "Telecommunications service" is as defined in Title 47 of the United States Code.

EE.Telephone Utility. A "telephone utility" is as defined in Title 35-A of the Maine Revised Statutes.

FF.Unlit Fiber. "Unlit fiber" means one or more strands within a bundle of fiber-optic cable through which an associated light signal or light communication transmission must be provided to provide communications service, but excluding the electronic equipment required in order to render the fiber capable of transmitting communications.

GG.Unlit Fiber Provider. "Unlit fiber provider" means a provider of "unlit fiber." Unlit fiber provider also includes a "dark fiber provider" as defined in Title 35-A of the Maine Revised Statutes.

HH.Usable Space. "Usable Space" means the space on a joint-use utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment.

II.Utility. "Utility" has the same definition as "Public Utility" in Title 35-A of the Maine Revised Statutes.

JJ.Voice Service Provider. "Voice service provider" is as defined in Title 35-A of the Maine Revised Statutes.

KK.Wholesale Competitive Local Exchange Carrier. "Wholesale competitive local exchange carrier" is as defined in Title 35-A of the Maine Revised Statutes.

65-407 C.M.R. ch. 880, § 1