Browse Arkansas Code titles and sections

47 U.S.C. § 224 — Pole attachments

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 224 — Pole attachments

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 224

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: f8f8ac6925674b50f2f1131ef9dbfe7e78010a861ef91959833fe51592517291. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_f7e824336544729fd3bf481b
Source file: Laws/federal/codes/united-states-code/title-47/section-224-pole-attachments--a69cd7cac2.md
Pages: Not recorded – Not recorded
Passage SHA-256: ffb9bd4927d9b9aff69accae1640fe3bf01656218010fd8a963b20078c776239

Source location: Title 47, Chapter 5, § 224; chapter-005-wire-or-radio-communication.md

Stored source content

**(a) Definitions** As used in this section: (1) The term “utility” means any person who 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 who is cooperatively organized, or any person owned by the Federal Government or any State. (2) The term “Federal Government” means the Government of the United States or any agency or instrumentality thereof. (3) 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. (4) 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. (5) For purposes of this section, the term “telecommunications carrier” (as defined in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim)) does not include any incumbent local exchange carrier as defined in [section 251(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251/h&num=0&edition=prelim). **(b) Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations** (1) Subject to the provisions of subsection (c) of this section, the Commission shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders, as authorized by [section 312(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section312/b&num=0&edition=prelim). (2) The Commission shall prescribe by rule regulations to carry out the provisions of this section. **(c) State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation** (1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f), for pole attachments in any case where such matters are regulated by a State. (2) Each State which regulates the rates, terms, and conditions for pole attachments shall certify to the Commission that— (A) it regulates such rates, terms, and conditions; and (B) in so regulating such rates, terms, and conditions, the State has the authority to consider and does consider the interests of the subscribers of the services offered via such attachments, as well as the interests of the consumers of the utility services. (3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments— (A) unless the State has issued and made effective rules and regulations implementing the State’s regulatory authority over pole attachments; and (B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter— (i) within 180 days after the complaint is filed with the State, or (ii) within the applicable period prescribed for such final action in such rules and regulations of the State, if the prescribed period does not extend beyond 360 days after the filing of such complaint. **(d) Determination of just and reasonable rates; “usable space” defined** (1) For purposes of subsection (b) of this section, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the utility attributable to the entire pole, duct, conduit, or right-of-way. (2) As used in this subsection, the term “usable space” means the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment. (3) This subsection shall apply to the rate for any pole attachment used by a cable television system solely to provide cable service. Until the effective date of the regulations required under subsection (e), this subsection shall also apply to the rate for any pole attachment used by a cable system or any telecommunications carrier (to the extent such carrier is not a party to a pole attachment agreement) to provide any telecommunications service. **(e) Regulations governing charges; apportionment of costs of providing space** (1) The Commission shall, no later than 2 years after February 8, 1996, prescribe regulations in accordance with this subsection to govern the charges for pole attachments used by telecommunications carriers to provide telecommunications services, when the parties fail to resolve a dispute over such charges. Such regulations shall ensure that a utility charges just, reasonable, and nondiscriminatory rates for pole attachments. (2) A utility shall apportion the cost of providing space on a pole, duct, conduit, or right-of-way other than the usable space among entities so that such apportionment equals two-thirds of the costs of providing space other than the usable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities. (3) A utility shall apportion the cost of providing usable space among all entities according to the percentage of usable space required for each entity. (4) The regulations required under paragraph (1) shall become effective 5 years after February 8, 1996. Any increase in the rates for pole attachments that result from the adoption of the regulations required by this subsection shall be phased in equal annual increments over a period of 5 years beginning on the effective date of such regulations. **(f) Nondiscriminatory access** (1) 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. (2) Notwithstanding paragraph (1), a utility providing electric service may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rights-of-way, on a non-discriminatory 11 So in original. Probably should be “nondiscriminatory”. basis where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes. **(g) Imputation to costs of pole attachment rate** A utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this section. **(h) Modification or alteration of pole, duct, conduit, or right-of-way** Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or right-of-way accessible. **(i) Costs of rearranging or replacing attachment** An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or right-of-way).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 521 — Purposes

The purposes of this subchapter are to— (1) establish a national policy concerning cable communications; (2) establish franchise procedures and standards which encourage the growth and development of cable systems and which assure that cable systems are responsive to the needs and interests of the local community; (3) establish guidelines for the exercise of Federal, State, and local authority with respect to the regulation of cable systems; (4) assure that cable communications provide and are encouraged to provide the widest possible diversity of information sources and services to the public; (5) establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where the operator’s past performance and proposal for future performance meet the standards established by this subchapter; and (6) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 521

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 152 — Application of chapter

**(a)** The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A. **(b)** Except as provided in sections 223 through 227 of this title, inclusive, [section 276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section276&num=0&edition=prelim), and [section 332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332&num=0&edition=prelim), and subject to the provisions of [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section301&num=0&edition=prelim) and subchapter V–A, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilit

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 152

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 153

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 251 — Interconnection

**(a) General duty of telecommunications carriers** Each telecommunications carrier has the duty— (1) to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and (2) not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255 or 256 of this title. **(b) Obligations of all local exchange carriers** Each local exchange carrier has the following duties: (1) **Resale** — The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services. (2) **Number portability** — The duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. (3) **Dialing parity** — The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays. (4) **Access to rights-of-way** — The duty to afford access to the poles, ducts, conduits, and rights-of-way of such carrier to competing providers of telecommunications services on rates, terms, and conditions that are consistent with [section 224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section224&num=0&edition=prelim). (5) **Reciprocal compensation** — The duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications. **(c) Additional obligations of incumbent local exchange carriers** In addition to the duties containe

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 251

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 271 — Bell operating company entry into interLATA services

**(a) General limitation** Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide interLATA services except as provided in this section. **(b) InterLATA services to which this section applies** (1) **In-region services** — A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating in any of its in-region States (as defined in subsection (i)) if the Commission approves the application of such company for such State under subsection (d)(3). (2) **Out-of-region services** — A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating outside its in-region States after February 8, 1996, subject to subsection (j). (3) **Incidental interLATA services** — A Bell operating company, or any affiliate of a Bell operating company, may provide incidental interLATA services (as defined in subsection (g)) originating in any State after February 8, 1996. (4) **Termination** — Nothing in this section prohibits a Bell operating company or any of its affiliates from providing termination for interLATA services, subject to subsection (j). **(c) Requirements for providing certain in-region interLATA services** (1) **Agreement or statement** — A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought. (A) *Presence of a facilities-based competitor* — A Bell operating company meets the requirements of this subparagraph if it has entered into one or more binding agreements that have been approved under [section 252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prel

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 271

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 609

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 224 — Pole attachments

Page 61 TITLE 47—TELECOMMUNICATIONS § 224 ‘‘(1) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any per- son, regardless of whether the maker of such commu- nication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 or imprisoned not more than two years, or both. ‘‘(2) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any per- son, regardless of whether the maker of such commu- nication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.’’ 1988—Subsec. (b). Pub. L. 100–690 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘(1) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene or indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. ‘‘(2) In addition to the penalties under paragraph

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 224

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.