POLE ATTACHMENT DISPUTES (NEW).

View NCGA Bill Details2015-2016 Session
Senate Bill 88 (Public) Filed Monday, February 16, 2015
AN ACT TO ASSIGN POLE ATTACHMENT DISPUTES TO THE NORTH CAROLINA UTILITIES COMMISSION.
Intro. by Brown.

Status: Ch. SL 2015-119 (Senate Action) (Jun 29 2015)

SOG comments (2):

Identical Bill

Identical to H 403 filed on 3/31/15.

Long and Short Title Changes

Senate committee substitute to the 1st edition changes the long and short titles. The original titles are as follows:

POLE ATTACHMENT COMPENSATION.

AN ACT TO CLARIFY THAT ELECTRIC MEMBERSHIP CORPORATIONS AND MUNICIPAL ELECTRIC PROVIDERS ARE EXEMPT FROM SECTION 224 OF THE COMMUNICATIONS ACT OF 1934 IN THE STATE'S REGULATION OF POLE ATTACHMENTS AND TO PROVIDE GUIDANCE IN RESOLVING DISPUTES REGARDING COMPENSATION FOR POLE ATTACHMENTS.

Bill History:

S 88/S.L. 2015-119

Bill Summaries:

  • Summary date: Jul 1 2015 - More information

    AN ACT TO ASSIGN POLE ATTACHMENT DISPUTES TO THE NORTH CAROLINA UTILITIES COMMISSION. Enacted June 29, 2015. Effective June 29, 2015.


  • Summary date: Jun 17 2015 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends GS 62-350(a) deleting proposed clarifying changes. Also adds language that requires fees due from a communications service provider accessing or attaching to poles, ducts, or conduits to be billed by a separate invoice and not bundled with charges for electric service. 

    Amends GS 62-350(c) to provide that the North Carolina Utilities Commission (Commission) has exclusive jurisdiction over proceedings arising under this statute and will adjudicate disputes on a case-by-case basis (previously, stated that it would adjudicate individual disputes on a case-by-case basis). Adds clarifying language providing that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified). 

    Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, making a technical correction and adding language that provides that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified).

    Enacts GS 62-350(h) to provide that the Commission can, as part of a final adjudication, assess dispute adjudication costs, not to exceed $10,000, against parties to the dispute proceeding. Also allows the assessment of additional costs for expenses incurred as a result of hiring expert witnesses or other individuals with professional expertise. 

    Provides that the Commission can also consider methodologies previously applied when considering evidence presented by a party in a proceeding.


  • Summary date: Apr 28 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition:

    Amends the act's short and long titles. 

    Amends GS 62-350(a), making a technical change. 

    Amends GS 62-350(c) to provide that when parties are unable to reach an agreement as specified, then either party can initiate proceedings to resolve the dispute before the the North Carolina Utilities Commission (Commission). Provides that the Commission has exclusive jurisdiction over proceedings arising under this section and will adjudicate individual disputes on a case-by-case basis. Provides that the Commission cannot exercise general rate-making authority over communication service provider use of municipal or membership corporation facilities. Also provides that Public Staff will be automatically made a party to any such proceedings and must provide evidence and argument as appropriate. Provides that the Commission can consider any evidence or rate-making methodologies offered or proposed (previously, such disputes were brought under the jurisdiction of the NC Business Court with requirements that the action be resolved in 180 days). Makes conforming changes. 

    Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, adding language which provides for the same provisions detailed above about the initiating of proceedings to resolve a dispute before the Commission. 

    Amends GS 62-350(f), making conforming changes. 

    Repeals GS 7A-45.4(b)(3), concerning actions involving pole attachment disputes as business cases. 

    Provides that the Commission can consider any evidence presented by a party in a proceeding under GS 62-350. 


  • Summary date: Feb 16 2015 - More information

    Amends GS 62-350(a) to clarify that electric membership corporations and municipal electric providers which are exempt from regulation under section 224 of the Communications Act of 1934, as amended, must allow any communications service provider to use its poles, ducts, and conduits at reasonable and nondiscriminatory rates, terms, and conditions.

    Amends GS 62-350(c) to provide that the meaning of the term "just and reasonable" is as determined in accordance with state law, as the term is used in providing guidance in resolving disputes regarding compensation for pole attachments.

    Effective when the act becomes law and applies to any action filed on or after that date.


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