As used in this section:
A utility that engages in the provision of telecommunications services or cable 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 under this section.
Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or right-of-way accessible.
An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or right-of-way).
1 So in original. Probably should be "nondiscriminatory".
47 U.S.C. § 224
AMENDMENTS1996-Subsec. (a)(1). Pub. L. 104-104, §703(1), inserted first sentence and struck out former first sentence which read as follows: "The term 'utility' means any person whose rates or charges are regulated by the Federal Government or a State and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for wire communication."Subsec. (a)(4). Pub. L. 104-104, §703(2), inserted "or provider of telecommunications service" after "system".Subsec. (a)(5). Pub. L. 104-104, §703(3), added par. (5).Subsec. (c)(1). Pub. L. 104-104, §703(4), inserted ", or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f)," after "conditions".Subsec. (c)(2)(B). Pub. L. 104-104, §703(5), substituted "the services offered via such attachments" for "cable television services".Subsec. (d)(3). Pub. L. 104-104, §703(6), added par. (3).Subsecs. (e) to (i). Pub. L. 104-104, §703(7), added subsecs. (e) to (i).1994-Subsec. (b)(2). Pub. L. 103-414 substituted "The Commission" for "Within 180 days from February 21, 1978, the Commission".1984-Subsec. (c)(3). Pub. L. 98-549 added par. (3).1982-Subsec. (e). Pub. L. 97-259 struck out subsec. (e) which provided that, upon expiration of 5-year period that began on Feb. 21, 1978, provisions of subsec. (d) of this section would cease to have any effect.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENTAmendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549 set out as a note under sectionof this title.
EFFECTIVE DATESection effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95-234 set out as an Effective Date of 1978 Amendment note under sectionof this title.