§  1.1403   Duty to provide access; modifications; notice of removal, increase
or modification; petition for temporary stay; and cable operator notice.

   (a) A utility shall provide a cable television system or any
   telecommunications carrier with nondiscriminatory access to any pole,
   duct, conduit, or right-of-way owned or controlled by it.
   Notwithstanding this obligation, a utility may deny a cable television
   system or any telecommunications carrier access to its poles, ducts,
   conduits, or rights-of-way, on a non-discriminatory basis where there
   is insufficient capacity or for reasons of safety, reliability and
   generally applicable engineering purposes.

   (b) Requests for access to a utility's poles, ducts, conduits or
   rights-of-way by a telecommunications carrier or cable operator must be
   in writing. If access is not granted within 45 days of the request for
   access, the utility must confirm the denial in writing by the 45th day.
   The utility's denial of access shall be specific, shall include all
   relevant evidence and information supporting its denial, and shall
   explain how such evidence and information relate to a denial of access
   for reasons of lack of capacity, safety, reliability or engineering
   standards.

   (c) A utility shall provide a cable television system operator or
   telecommunications carrier no less than 60 days written notice prior
   to:

   (1) Removal of facilities or termination of any service to those
   facilities, such removal or termination arising out of a rate, term or
   condition of the cable television system operator's of
   telecommunications carrier's pole attachment agreement;

   (2) Any increase in pole attachment rates; or

   (3) Any modification of facilities other than routine maintenance or
   modification in response to emergencies.

   (d) A cable television system operator or telecommunications carrier
   may file a “Petition for Temporary Stay” of the action contained in a
   notice received pursuant to paragraph (c) of this section within 15
   days of receipt of such notice. Such submission shall not be considered
   unless it includes, in concise terms, the relief sought, the reasons
   for such relief, including a showing of irreparable harm and likely
   cessation of cable television service or telecommunication service, a
   copy of the notice, and certification of service as required by
   §  1.1404(b). The named respondent may file an answer within 7 days of
   the date the Petition for Temporary Stay was filed. No further filings
   under this section will be considered unless requested or authorized by
   the Commission and no extensions of time will be granted unless
   justified pursuant to §  1.46.5.

   (e) Cable operators must notify pole owners upon offering
   telecommunications services.

   [ 61 FR 45618 , Aug. 29, 1996, as amended at  63 FR 12025 , Mar. 12, 1998]

   Effective Date Note: At  63 FR 12025 , Mar. 12, 1998, §  1.1403 was
   amended by revising the heading and adding new paragraph (e). The added
   text contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office
   of Management and Budget.

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