GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 403
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Short Title: Pole Attachment Compensation. |
(Public) |
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Sponsors: |
Representatives Stam, Lewis, Lucas, and Presnell (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Judiciary I, if favorable, Public Utilities. |
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April 1, 2015
A BILL TO BE ENTITLED
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.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 62‑350(a) reads as rewritten:
"(a) A municipality, or a membership corporation
organized under Chapter 117 of the General Statutes, that owns or controls
poles, ducts, or conduits conduits, but which is exempt from
regulation under section 224 of the Communications Act of 1934, as amended, shall
allow any communications service provider to utilize its poles, ducts, and
conduits at just, reasonable, and nondiscriminatory rates, terms, and
conditions adopted pursuant to negotiated or adjudicated agreements. A request
to utilize poles, ducts, or conduits under this section may be denied only if
there is insufficient capacity or for reasons of safety, reliability, and
generally applicable engineering principles, and those limitations cannot be
remedied by rearranging, expanding, or otherwise reengineering the facilities
at the reasonable and actual cost of the municipality or membership corporation
to be reimbursed by the communications service provider. In granting a request
under this section, a municipality or membership corporation shall require the
requesting entity to comply with applicable safety requirements, including the
National Electrical Safety Code and the applicable rules and regulations issued
by the Occupational Safety and Health Administration."
SECTION 2. G.S. 62‑350(c) reads as rewritten:
"(c) In the event the parties are unable to reach
an agreement within 90 days of a request to negotiate pursuant to subsection
(b) of this section, or if either party believes in good faith that an impasse
has been reached prior to the expiration of the 90‑day period, either
party may bring an action in Business Court in accordance with the procedures
for a mandatory business case set forth in G.S. 7A‑45.4, and the
Business Court shall have exclusive jurisdiction over such actions. The parties
shall identify with specificity in their respective pleadings the issues in
dispute, and the Business Court shall (i) establish a procedural schedule
which, unless otherwise agreed by the parties, is intended to resolve the
action within a time period not to exceed 180 days of the commencement of the
action, (ii) resolve any dispute identified in the pleadings consistent with
the public interest and necessity so as to derive just and reasonable rates,
terms, and conditions, as the term "just and reasonable" has been
determined in accordance with the laws of this State, taking into
consideration and applying such other factors or evidence that may be presented
by a party, including without limitation the rules and regulations
applicable to attachments by each type of communications service provider under
section 224 of the Communications Act of 1934, as amended, and (iii) apply
any new rate adopted as a result of the action retroactively to the date
immediately following the expiration of the 90‑day negotiating period or
initiation of the lawsuit, whichever is earlier. If the new rate is for the
continuation of an existing agreement, the new rate shall apply retroactively
to the date immediately following the end of the existing agreement. Prior to
commencing any action under this subsection, a party must pay any undisputed
fees related to the use of poles, ducts, or conduits which are due and owing
under a preexisting agreement with the municipality or membership corporation.
In any action brought under this subsection, the court may resolve any existing
disputes regarding fees alleged to be owing under a preexisting agreement or
regarding safety compliance arising under subsection (d) of this section. The
provisions of this section do not apply to an entity whose poles, ducts, and
conduits are subject to regulation under section 224 of the Communications Act
of 1934, as amended."
SECTION 3. This act is effective when it becomes law and applies to any action filed on or after that date.