W. Va. Code R. § 150-38-4

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-38-4 - Pole attachment complaint proceedings

4.1. Pole attachment complaint proceedings shall be governed by Rules 17 through 31 of this Series, except as otherwise provided in this Series.

4.2. The formal complaint shall be filed with the Executive Secretary of the Commission and shall be accompanied by a certification of service on the named defendant, and each of the Federal, State, and local governmental agencies that regulate any aspect of the services provided by the complainant or defendant.

4.3. The complaint shall include a statement that the utility is not owned by any railroad, any person who is cooperatively organized or any person owned by the Federal Government or the State.

4.4. The complaint shall be accompanied by a copy of the pole attachment agreement, if any, between the cable television system operator or telecommunications carrier and the utility. If there is no present pole attachment agreement, the complaint shall contain:

4.4.1. A statement that the utility uses or controls poles, ducts, or conduits used or designated, in whole or in part, for wire communication; and

4.4.2. A statement that the cable television system operator or telecommunications carrier currently has attachments on the poles, ducts, conduits, or rights-of-way.

4.5. The complaint shall state with specificity the pole attachment rate, term or condition which is claimed to be unjust or unreasonable and provide all data and information supporting such claim. Data and information supporting the complaint (including all information necessary for the Commission to apply the rate formulas in Rule 5.4 should be based upon historical or original cost methodology, insofar as possible. Data should be derived from ARMIS, FERC Form 1, Annual Report to the Commission or other reports filed with state or federal regulatory agencies (identify source). The complainant shall also specify any other information and argument relied upon to attempt to establish that a rate, term, or condition is not just and reasonable.

4.6. A utility must supply a cable television system operator or telecommunications carrier the information required in Rule 4.5, as applicable, along with the supporting pages from its ARMIS, FERC Form 1, Annual Report to the Commission, or other report to a regulatory body, and calculations made in connection with these figures, within 30 days of the request by the cable television system operator or telecommunications carrier.

4.7. If any of the information and data required in Rules 4.5 and 4.6 is not provided to the cable television system operator or telecommunications carrier by the utility upon reasonable request, the cable television system operator or telecommunications carrier shall include a statement indicating the steps taken to obtain the information from the utility, including the dates of all requests. No complaint filed by a cable television system operator or telecommunications carrier shall be dismissed where the utility has failed to provide the information required under Rules 4.5 and 4.6 after such reasonable request.

W. Va. Code R. § 150-38-4