Communications: utility pole attachments.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for those pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments, or for creating surplus space and excess capacity for pole attachments, the commission is required to establish and enforce the rates, terms, and conditions for those pole attachments and capacity enhancements so as to assure the public utility the recovery of specified funds. This bill would require a public utility that receives a request for pole attachment from a cable television corporation to notify the cable television corporation, as soon as possible, but by no later than 10 days after receipt of the request, of any additional information needed to respond to the request. The bill would require the public utility to notify the cable television corporation, as soon as possible, but by no later than 45 days after receipt of the request, if the attachment request is accepted or denied. If the request is denied, the bill would require the public utility to state all of the reasons for the denial and the remedy to gain access to the pole for attachment. If the request is accepted, the bill would require the public utility to include a cost estimate, based on actual cost, for any necessary make-ready work required to accommodate the requested attachment. If the public utility determines that a pole replacement is necessary, the bill would authorize the public utility and the cable television corporation to negotiate terms and conditions for the requested attachment and if the public utility is an electrical corporation, would authorize the electrical corporation to recover the cost of the pole replacement in a general rate case or, if applicable, a wildfire mitigation plan approval proceeding. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.