rates, terms, and conditions for pole attachments….” (Emphasis added.) As explained previously, the California Public Utilities Code’s definition of CATV corporations’ attachments” is limited to a communication “pole “wire system”; the statutory definition does not include wireless facilities. Accordingly, the Commission’s authority under Pub. Util. Code § 767.5(c) to establish terms and conditions for CATV corporations’ pole attachments does not include wireless pole attachments. We conclude that the previously cited provisions of the California Public Utilities Code do not provide CATV corporations with a right to attach wireless facilities to utility poles. We believe it is dispositive that the Legislature included the terms and in the previously cited statutes, but omitted the “cable” “wire” term If the Legislature had intended to provide CATV corporations “wireless.” with a right to attach wireless facilities to utility poles either by statute or by – Commission regulations the Legislature would have done so. – We further conclude that CCTA’s Petition does not meet the requirement established by to demonstrate that: The Commission may apply the CMRS ROW Rules to CATV corporations’ wireless pole attachments, even though the Commission held in D.1505002 that the term in Pub. Util. “cable” Code § 216.4 does not include satellites and other forms of wireless transmission. Arguably, CATV corporations’ right under the California Public Utilities Code to attach wireline facilities to utility poles could encompass wireless pole attachments if such attachments were an integral part of a communication “wire system” that is used by CATV corporations to provide services in conformance
rates, terms, and conditions for pole attachments….” (Emphasis added.) As explained previously, the California Public Utilities Code’s definition of CATV corporations’ “pole attachments” is limited to a “wire communication system”; the statutory definition does not include wireless facilities. Accordingly, the Commission’s authority under Pub. Util. Code § 767.5(c) to establish terms and conditions for CATV corporations’ pole attachments does not include wireless pole attachments. We conclude that the previously cited provisions of the California Public Utilities Code do not provide CATV corporations with a right to attach wireless facilities to utility poles. We believe it is dispositive that the Legislature included the terms “cable” and “wire” in the previously cited statutes, but omitted the term “wireless.” If the Legislature had intended to provide CATV corporations with a right to attach wireless facilities to utility poles – either by statute or by Commission regulations – the Legislature would have done so. We further conclude that CCTA’s Petition does not meet the requirement established by to demonstrate that: The Commission may apply the CMRS ROW Rules to CATV corporations’ wireless pole attachments, even though the Commission held in D.1505002 that the term “cable” in Pub. Util. Code § 216.4 does not include satellites and other forms of wireless transmission. Arguably, CATV corporations’ right under the California Public Utilities Code to attach wireline facilities to utility poles could encompass wireless pole attachments if such attachments were an integral part of a “wire communication system” that is used by CATV corporations to provide services in conformance
175617161.docx