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HomeMy WebLinkAbout20020920Cable One's Exhibit 1.pdfEXHIBIT 1 POLE ATTACHMENT REGULATION IN THE STATES Section 224 of the Communications Act of 1934, as amended, provides for the regulation of the rates, terms and conditions of attachments to utility poles, conduits and rights-of-way by cable television systems and telecommunications carriers. Such regulation is conducted by the Federal Communications Commission ("FCC") unless a state certifies to the FCC that it regulates these matters. To date, eighteen states and the District of Columbia have so certified. The attached chart lists those jurisdictions and provides legal citations to their statutory authority, regulations and pertinent rulemakings or cases. In addition, for illustrative and comparative purposes, Cable One has utilized the year 2000 information supplied by Idaho Power in its negotiation with Cable One to calculate the attachment rate which would result from use of the FCC's rate formula and each state rate formula. As demonstrated below, the FCC's rate formula for cable systems which provide no telecommunications services produces an attachment rate of $3.40. The rate calculation in certain states may not be exact since there are small variations in how some of the cost elements are quantified and Cable One has used Idaho Power's figures for the sake of simplicity. However, the differences in the attachment rate calculations are a few cents at most. FCC formula for electric utilities Net pole investment x 85% x Annual carrying charge x Space occupied = Maximum Rate Total number of poles Usable space Calculation using Idaho Power year 2000 data $63,574,675 x 85% x 34.20% x 1.0 foot = $3.40 473,944 13.5 feet 147554_1.DOC