N.J. Admin. Code § 14:18-2.12
Current through Register Vol. 56, No. 21, November 4, 2024
Section 14:18-2.12 - Imputation of rates; modification costs(a) A company that engages in the provision of cable television or telecommunications services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable.(b) The costs of modifying a pole, conduit, duct or right-of-way facility shall be borne by all parties that obtain access to the facility as a result of the modification and by all parties that directly benefit from the modification. Each such party shall share proportionately in the cost of the modification. A party with a preexisting attachment to the modified facility shall be deemed to directly benefit from a modification if, after receiving notification of the modification, it adds to or modifies its attachment. However, a party with a preexisting attachment to a pole, conduit, duct or right-of-way facility shall not be required to bear any cost of rearranging or replacing its attachment if such rearrangement or replacement is necessitated solely as a result of an additional attachment or of the modification of an existing attachment sought by another party. If a party makes an attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered possible the added attachment.N.J. Admin. Code § 14:18-2.12
New Rule, R.2003 d.452, effective 11/17/2003.
See: 35 New Jersey Register 100(a), 35 New Jersey Register 5294(a).