N.J. Admin. Code § 14:18-2.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:18-2.9 - Calculation of pole attachment rent

(a) In cases where the Board must determine the appropriate rental rate for cable television or similar third party attachments on utility poles, it shall be calculated in the following manner:

1. Total percentage of gross plant as annual cost shall be the sum of the following percentages:

i. Rate of return;

ii. Depreciation expense;

iii. Miscellaneous taxes;

iv. Maintenance expenses;

v. Administrative expenses;

vi. Federal income tax.

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(b) Weighted average original installed per pole cost may be used in (a)2 above, upon mutual agreement of the cable television company or other third party attacher and the utility; however, should the parties be unable to agree on weighted or unweighted costs, the Board shall employ the unweighted average original installed per pole cost.

(c) The quotient of total common space on the pole divided by the number of parties on the pole may be used to set the footage of common space allocated to cable television or other third party attacher upon mutual agreement of the cable television company or other third party attacher and the utility; however, should the parties be unable to agree to allocate common space equally, the Board shall employ the formula set forth in (a)6 above.

(d) Any terms not defined by (a) above shall be interpreted in a manner consistent with established Board policies and orders.

(e) The Board shall from time to time, designate those utility account numbers which are appropriate sources of data.

N.J. Admin. Code § 14:18-2.9

Emergency New Rule, R.1985 d.323, effective 5/30/1985 (expires July 29, 1985).
See: 17 N.J.R. 1589(b).
Readopted New Rule, R.1985 d.425, effective 7/29/1985.
See: 17 N.J.R. 1589(b), 17 N.J.R. 2047(b).
Amended subsections (c) and (e).
Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
Inserted references to third party attachers throughout.
Amended by R.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).
In (a), inserted "or similar third party" following "television" in the introductory paragraph and inserted "space" following "Total common" in 6.