§ 1.1402   Definitions.

   (a) The term utility means any person that is a local exchange carrier or an
   electric,  gas, water, steam, or other public utility, and who owns or
   controls poles, ducts, conduits, or rights-of-way used, in whole or in part,
   for any wire communications. Such term does not include any railroad, any
   person that is cooperatively organized, or any person owned by the Federal
   Government or any State.

   (b) The term pole attachment means any attachment by a cable television
   system or provider of telecommunications service to a pole, duct, conduit,
   or right-of-way owned or controlled by a utility.

   (c)  With respect to poles, the term usable space means the space on a
   utility  pole  above the minimum grade level which can be used for the
   attachment of wires, cables, and associated equipment, and which includes
   space occupied by the utility. With respect to conduit, the term usable
   space means capacity within a conduit system which is available, or which
   could,  with reasonable effort and expense, be made available, for the
   purpose  of  installing  wires,  cable  and  associated  equipment for
   telecommunications or cable services, and which includes capacity occupied
   by the utility.

   (d) The term complaint means a filing by a cable television system operator,
   a  cable  television  system association, a utility, an association of
   utilities,   a   telecommunications  carrier,  or  an  association  of
   telecommunications carriers alleging that it has been denied access to a
   utility pole, duct, conduit, or right-of-way in violation of this subpart
   and/or that a rate, term, or condition for a pole attachment is not just and
   reasonable. It also means a filing by an incumbent local exchange carrier
   (as  defined in 47 U.S.C. 251(h)) or an association of incumbent local
   exchange  carriers alleging that a rate, term, or condition for a pole
   attachment is not just and reasonable.

   (e) The term complainant means a cable television system operator, a cable
   television system association, a utility, an association of utilities, a
   telecommunications carrier, an association of telecommunications carriers,
   an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h)) or an
   association of incumbent local exchange carriers who files a complaint.

   (f) The term respondent means a cable television system operator, a utility,
   or a telecommunications carrier against whom a complaint is filed.

   (g) The term State means any State, territory, or possession of the United
   States, the District of Columbia, or any political subdivision, agency, or
   instrumentality thereof.

   (h) For purposes of this subpart, the term telecommunications carrier means
   any provider of telecommunications services, except that the term does not
   include aggregators of telecommunications services (as defined in 47 U.S.C.
   226) or incumbent local exchange carriers (as defined in 47 U.S.C. 251(h)).

   (i) The term conduit means a structure containing one or more ducts, usually
   placed in the ground, in which cables or wires may be installed.

   (j) The term conduit system means a collection of one or more conduits
   together with their supporting infrastructure.

   (k) The term duct means a single enclosed raceway for conductors, cable
   and/or wire.

   (l) With respect to poles, the term unusable space means the space on a
   utility pole below the usable space, including the amount required to set
   the depth of the pole.

   (m)  The  term  attaching  entity  includes  cable  system  operators,
   telecommunications carriers, incumbent and other local exchange carriers,
   utilities,  governmental  entities  and other entities with a physical
   attachment to the pole, duct, conduit or right of way. It does not include
   governmental entities with only seasonal attachments to the pole.

   (n) The term inner-duct means a duct-like raceway smaller than a duct that
   is inserted into a duct so that the duct may carry multiple wires or cables.

   [ 43 FR 36094 , Aug. 15, 1978, as amended at  52 FR 31770 , Aug. 24, 1987;  61 FR 43024 , Aug. 20, 1996;  61 FR 45618 , Aug. 29, 1996;  63 FR 12024 , Mar. 12,
   1998;  65 FR 31281 , May 17, 2000;  66 FR 34580 , June 29, 2001;  76 FR 26638 ,
   May 9, 2011]

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