PRIOR PRINTER'S NOS. 820, 1914 PRINTER'S NO. 2358
No. 760 Session of 1987
INTRODUCED BY LAUGHLIN, CAWLEY, DeLUCA, VEON, KOSINSKI, TRELLO,
OLIVER, OLASZ, STABACK, ITKIN, CAPPABIANCA, CLARK, BORTNER
AND MELIO, MARCH 9, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 26, 1987
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for the regulation of the
3 rates, terms and conditions for cable television pole
4 attachments.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 66 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 1512. Cable television system pole attachments.
10 (a) Scope of regulation.--The commission shall not regulate <--
11 the rates, rentals, prices or other terms and conditions for
12 pole attachments, except that the commission, on complaint or on
13 its own motion, may establish and enforce standards for the safe
14 construction and maintenance of pole attachments to be observed
15 by cable television system operators and public utilities.
16 (b) Definitions.--As used in this section the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
1 "Cable television system." A system of wires, cables and
2 associated equipment and facilities designed and operated, or
3 intended to be operated, for the generation, reception,
4 amplification, transmission and distribution of television
5 signals to subscribers.
6 "Pole attachment." Any wire, cable or other apparatus of a
7 cable television system which is placed upon or in a pole,
8 anchor, tower or other structure, pipe, duct, conduit or right-
9 of-way owned or controlled by a public utility.
10 (A) GENERAL RULE.--THE COMMISSION SHALL REGULATE ALL ASPECTS <--
11 OF CABLE TELEVISION SYSTEM POLE ATTACHMENTS.
12 (B) REQUIREMENT FOR NEGOTIATION.--THE RATES, TERMS AND
13 CONDITIONS FOR POLE ATTACHMENTS SHALL BE THE SUBJECT OF
14 NEGOTIATION BETWEEN CABLE TELEVISION SYSTEMS AND PUBLIC
15 UTILITIES. ALL AGREEMENTS WITH RESPECT THERETO SHALL BE FILED
16 WITH THE COMMISSION.
17 (C) COMMISSION DETERMINATION.--WHEN A CABLE TELEVISION
18 SYSTEM AND A PUBLIC UTILITY ARE UNABLE TO REACH AGREEMENT ON THE
19 RATES, TERMS OR CONDITIONS FOR POLE ATTACHMENTS, EITHER PARTY
20 MAY PETITION THE COMMISSION TO ESTABLISH, AFTER NOTICE AND
21 HEARING, SUCH RATES, TERMS OR CONDITIONS AS THE COMMISSION
22 DETERMINES TO BE JUST AND REASONABLE. THE COMMISSION SHALL ISSUE
23 A FINAL ORDER IN ANY SUCH PROCEEDING NOT LATER THAN 120 DAYS
24 AFTER FILING OF THE PETITION INITIATING THE MATTER. THE OFFICE
25 OF TRIAL STAFF AND THE OFFICE OF CONSUMER ADVOCATE SHALL HAVE
26 STANDING TO PARTICIPATE IN SUCH PROCEEDING.
27 (D) EVIDENCE.--IN ESTABLISHING JUST AND REASONABLE RATES,
28 TERMS OR CONDITIONS FOR POLE ATTACHMENTS, THE COMMISSION SHALL
29 CONSIDER, IF PLACED UPON THE RECORD, EVIDENCE CONCERNING THE
30 FORMULAE OR POLICIES EMPLOYED BY THE FEDERAL COMMUNICATIONS
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1 COMMISSION IN CASES WHERE THAT COMMISSION HAS JURISDICTION IN
2 SUCH MATTERS.
3 (E) CONSIDERATION OF INTERESTS.--IN ANY PROCEEDING BEFORE
4 THE COMMISSION TO ESTABLISH JUST AND REASONABLE RATES, TERMS OR
5 CONDITIONS FOR POLE ATTACHMENTS, THE COMMISSION SHALL CONSIDER
6 THE INTERESTS OF SUBSCRIBERS OF CABLE TELEVISION SYSTEMS AS WELL
7 AS THE INTERESTS OF UTILITY RATEPAYERS.
8 (F) INVESTIGATION OF RATES, TERMS OR CONDITIONS IN EFFECT.--
9 THE JUSTNESS AND REASONABLENESS OF ANY RATE, TERM OR CONDITION
10 IN EFFECT FOR POLE ATTACHMENTS AT ANY TIME MAY BE INVESTIGATED
11 BY THE COMMISSION EITHER UPON ITS OWN MOTION OR UPON COMPLAINT
12 BY THE OFFICE OF CONSUMER ADVOCATE, THE OFFICE OF TRIAL STAFF OR
13 ANY AFFECTED CABLE TELEVISION SYSTEM, PUBLIC UTILITY, RATEPAYER
14 OR SUBSCRIBER. IF AS A RESULT OF SUCH INVESTIGATION THE
15 COMMISSION DETERMINES THAT A RATE, TERM OR CONDITION IS UNJUST
16 AND UNREASONABLE, THE COMMISSION SHALL, AFTER NOTICE AND
17 HEARING, ESTABLISH THAT RATE, TERM OR CONDITION WHICH IT FINDS
18 TO BE JUST AND REASONABLE. THE COMMISSION SHALL ISSUE A FINAL
19 ORDER IN ANY SUCH CASE NOT LATER THAN 120 DAYS AFTER THE
20 COMMISSION'S MOTION OR THE FILING OF A COMPLAINT INITIATING THE
21 INVESTIGATION.
22 (G) REGULATIONS.--WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF
23 THIS SECTION, THE COMMISSION SHALL, BY ORDER, INITIATE
24 PROMULGATION OF REGULATIONS TO IMPLEMENT ITS REGULATORY
25 AUTHORITY OVER POLE ATTACHMENTS. SUCH RULES AND REGULATIONS
26 SHALL SET FORTH SPECIFICALLY THE PROCEDURES TO BE FOLLOWED IN
27 PROCEEDINGS BEFORE THE COMMISSION WHETHER INITIATED UPON ITS OWN
28 MOTION OR UPON PETITION OR COMPLAINT.
29 (H) CERTIFICATION.--WITHIN TEN DAYS OF THE EFFECTIVE DATE OF
30 THE RULES AND REGULATIONS REQUIRED BY SUBSECTION (G), THE
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1 COMMISSION SHALL CERTIFY ITS ASSERTION OF JURISDICTION TO THE
2 FEDERAL COMMUNICATIONS COMMISSION AS PROVIDED FOR IN 47 U.S.C. §
3 224.
4 Section 2. This act shall take effect immediately.
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