Part 2Utility Poles and Support Structures

Section § 9510

Explanation

This law emphasizes the importance of promoting broadband access across California by requiring local publicly owned electric utilities to provide space on their poles and structures to cable and phone companies. They must do this at fair rates and terms.

The state takes responsibility for overseeing the fees and conditions set by these utilities, meaning this state law overrides any conflicting local regulations, including in charter cities.

The goal is to ensure these utilities recover their costs for providing access, but they shouldn't subsidize these telecommunications companies.

(a)CA Public Utilities Code § 9510(a) The Legislature finds and declares that in order to promote wireline and wireless broadband access and adoption, it is in the interest of the state to ensure that local publicly owned electric utilities, including irrigation districts, that own or control utility poles and support structures, including ducts and conduits, make available appropriate space and capacity on and in those structures to cable television corporations, video service providers, and telephone corporations under reasonable rates, terms, and conditions.
(b)CA Public Utilities Code § 9510(b) The Legislature further finds and declares that the oversight of fees and other requirements imposed by local publicly owned electric utilities as a condition of providing the space or capacity described in subdivision (a) is a matter of statewide interest and concern. Therefore, it is the intent of the Legislature that this part supersedes all conflicting local laws and this part shall apply in charter cities.
(c)CA Public Utilities Code § 9510(c) The Legislature further finds and declares that local publicly owned electric utilities should provide access to utility poles and support structures with a recovery of actual costs without subsidizing for-profit cable television corporations, video service providers, and telephone corporations.
broadband access wireline and wireless utility poles support structures ducts and conduits local publicly owned electric utilities irrigation districts cable television corporations video service providers telephone corporations reasonable rates statewide interest conflicting local laws charter cities recovery of actual costs
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9510.5

Explanation

This section defines key terms used in the context of communications and utility services in California. A "communications service provider" includes companies offering cable TV, video, or phone services. "Governing body" refers to the leadership of local publicly owned electric utilities, which might include a board appointed by a city council. A "street light pole" is a pole used mainly for lighting streets or enhancing security. A "utility pole" is a pole used for electricity or telephone lines, except those used only for high-voltage electricity transmission or dedicated street lighting poles.

As used in this part, the following terms have the following meanings:
(a)CA Public Utilities Code § 9510.5(a) “Communications service provider” means a cable television corporation, video service provider, or telephone corporation.
(b)CA Public Utilities Code § 9510.5(b) “Governing body” means the governing body of a local publicly owned electric utility, including, where applicable, a board appointed by a city council.
(c)CA Public Utilities Code § 9510.5(c) “Street light pole” means a pole, arm, or fixture used primarily for street, pedestrian, or security lighting.
(d)CA Public Utilities Code § 9510.5(d) “Utility pole” means an electricity or telephone pole, but does not include a street light pole or an electricity pole used solely for the transmission of electricity at 50 kilovolts or higher and not intended for distribution of communications signals or electricity at lower voltages.
communications service provider cable television corporation video service provider telephone corporation governing body local publicly owned electric utility city council board street light pole pedestrian lighting security lighting utility pole electricity pole telephone pole transmission of electricity communications signals
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9511

Explanation

This law requires local publicly owned electric utilities in California to allow communications service providers to use space and capacity on their utility poles under reasonable terms and conditions. If there's an existing contract from before 2012, it remains in effect until it expires or is terminated. Utilities must respond to attachment requests within 45 days, or 60 days if over 300 poles are involved. If they deny a request, they must explain why and suggest how to fix the issue. If approved, they must provide a cost estimate for necessary work, which must be completed within specific timeframes. Special circumstances might allow timeline extensions if both parties agree. Utilities can deny applications due to capacity, safety, reliability, or engineering issues and consider future projects. They also retain the right to ensure legal compliance while making decisions.

(a)CA Public Utilities Code § 9511(a) A local publicly owned electric utility shall make appropriate space and capacity on and in a utility pole and support structure owned or controlled by the local publicly owned electric utility available for use by a communications service provider pursuant to reasonable terms and conditions. Rates, terms, and conditions that are specified in a contract executed before January 1, 2012, shall remain valid until the contract, rate, term, or condition expires or is terminated according to its terms by one of the parties. If an annual fee is included in a contract executed before January 1, 2012, but the amount of the fee is left unspecified, the requirements of Section 9512 apply.
(b)Copy CA Public Utilities Code § 9511(b)
(1)Copy CA Public Utilities Code § 9511(b)(1) A local publicly owned electric utility shall respond to a request for use by a communications service provider of a utility pole or support structure owned or controlled by the local publicly owned electric utility within 45 days of the date of receipt of the request, or 60 days if the request is to attach to over 300 poles. If the request is denied, the local publicly owned electric utility shall provide in the response the reason for the denial and the remedy to gain access to the utility pole or support structure. If a request to attach is accepted, the local publicly owned electric utility, within 14 days after acceptance of the request, shall provide a cost estimate, based on actual cost, for any necessary make-ready work required to accommodate the attachment. The requesting party shall accept or reject the make-ready cost estimate within 14 days. Within 60 days of acceptance of the cost estimate, the local publicly owned electric utility shall notify any existing third-party attachers that make-ready work for a new attacher needs to be performed. The requesting party shall have the responsibility to coordinate with third-party existing attachers for make-ready work to be completed. All parties shall complete all make-ready work within 60 days of the notice, or within 105 days in the case of a request to attach to over 300 poles. The local publicly owned electric utility may complete make-ready work without the consent of the existing attachers, if the existing attachers fail to move their attachments by the end of the make-ready timeline requirements specified in this paragraph.
(2)CA Public Utilities Code § 9511(b)(2) The timelines described in paragraph (1) may be extended under special circumstances upon agreement of the local publicly owned electric utility and the communications service provider.
(c)CA Public Utilities Code § 9511(c) A local publicly owned electric utility may deny an application for use of a utility pole or support structure because of insufficient capacity or safety, reliability, or engineering concerns. In denying an application, a local publicly owned electric utility may also take into account the manner in which a request from a communications service provider under this part could impact an approved project for future use by the local publicly owned electric utility of its utility poles or support structures for delivery of its core utility service.
(d)CA Public Utilities Code § 9511(d) This part does not limit the authority of a local publicly owned electric utility to ensure compliance with all applicable provisions of law in determining whether to approve or disapprove use of a utility pole or support structure.
local publicly owned electric utility utility pole access communications service provider reasonable terms attachment request contract terms cost estimate make-ready work timeline requirements special circumstances denial of application capacity concerns safety and reliability impact on future projects legal compliance
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9511.5

Explanation

This law section explains that if a publicly owned electric utility in a local area is allowed by other laws to charge a fee for electricity usage, they must establish and collect that fee according to specific rules. It's up to the utility's governing body to set the fee following a designated process. However, this law does not give utilities extra power to charge fees that they are not already legally allowed to charge.

(a)CA Public Utilities Code § 9511.5(a) If a local publicly owned electric utility has the authority pursuant to other law to impose a fee to provide the use described in Section 9511, that fee shall be adopted and levied consistent with the requirements of this part.
(b)CA Public Utilities Code § 9511.5(b) The governing body of the local publicly owned electric utility shall determine the fee pursuant to Section 9512.
(c)CA Public Utilities Code § 9511.5(c) This part does not grant additional authority to a local publicly owned electric utility to impose a fee that is not otherwise authorized by law.
local publicly owned electric utility impose fee Section 9511 electric utility fee fee authorization governing body Section 9512 fee determination electric utility authority public utility regulations consistent fee levying legal fee imposition process
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9512

Explanation

This law sets limits on the annual fees that local publicly owned electric utilities in California can charge communications service providers for using utility poles and support structures. The fees should be based on the portion of usable space or capacity occupied by the provider's equipment, ensuring they don't exceed the utility's ownership costs. Usable space is the area above ground level that can hold wires. It's presumed that one attachment occupies one foot, and poles typically have 13.5 feet of usable space.

Utilities must ensure the fees don't exceed required costs and must adjust them if they produce excess revenue. Jointly owned poles are exempt if a non-utility owner controls access. The 'annual costs of ownership' includes both capital and operational costs, minus depreciation, and excludes irrelevant properties.

(a)Copy CA Public Utilities Code § 9512(a)
(1)Copy CA Public Utilities Code § 9512(a)(1) An annual fee charged by a local publicly owned electric utility for the use of a utility pole by a communications service provider shall not exceed an amount determined by multiplying the percentage of the total usable space that would be occupied by the attachment by the annual costs of ownership of the pole and its supporting anchor. As used in this paragraph and paragraph (2), “usable space” means the space above the minimum grade level that can be used for the attachment of wires, cables, and associated equipment. It shall be presumed, subject to factual rebuttal, that a single attachment occupies one foot of usable space and that an average utility pole contains 13.5 feet of usable space.
(2)CA Public Utilities Code § 9512(a)(2) An annual fee charged by a local publicly owned electric utility for use of a support structure by a communications service provider shall not exceed the local publicly owned electric utility’s annual costs of ownership of the percentage of the volume of the capacity of the structure rendered unusable by the equipment of the communications service provider.
(3)CA Public Utilities Code § 9512(a)(3) As used in this subdivision, the “annual costs of ownership” is the sum of the annual capital costs and annual operation costs of the pole or support structure, which shall be the average costs of all similar utility poles or structures owned or controlled by the local publicly owned electric utility. The basis for the computation of annual capital costs shall be historical capital costs less depreciation. The accounting upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs. Depreciation shall be based upon the average service life of the utility pole or support structure. “Annual cost of ownership” does not include costs for any property not necessary for use by the communications service provider.
(b)CA Public Utilities Code § 9512(b) A local publicly owned electric utility shall not levy a fee that exceeds the estimated amount required to provide use of the utility pole or support structure for which the annual recurring fee is levied. If the fee creates revenues in excess of actual costs, those revenues shall be used to reduce the fee.
(c)CA Public Utilities Code § 9512(c) A jointly owned pole is not included within the requirements of this section, if a joint owner other than the local publicly owned electric utility has control of access to the space that would be used by the communications service provider.
utility pole fees communications service provider usable space annual costs of ownership local publicly owned electric utility support structure fees capital costs operation costs depreciation jointly owned pole fee limits reduced fees historical costs access control revenue adjustment
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9513

Explanation

This section allows a local publicly owned electric utility to charge a one-time fee if they find attachments to their property made without permission, starting from January 1, 2012. This fee is equivalent to three years of an annual fee. If the fee isn't paid, the owner doesn't seek approval, or if there's no contesting of unauthorized attachment, the utility can remove it. An exception is made for service drop wires, which aren't considered unauthorized if the attachment approval is sought within 45 days.

(a)CA Public Utilities Code § 9513(a) A local publicly owned electric utility may require an additional one-time charge equal to three years of the annual fee described in Section 9512, for attachments reasonably shown to have been made without authorization that are discovered on or after January 1, 2012.
(b)CA Public Utilities Code § 9513(b) A local publicly owned electric utility may remove an attachment made without authorization, if all of the following conditions are met:
(1)CA Public Utilities Code § 9513(b)(1) The owner of the attachment fails to pay the charge described in subdivision (a), if that charge is applicable.
(2)CA Public Utilities Code § 9513(b)(2) The owner of the attachment does not seek approval to attach pursuant to this part within a reasonable period of time.
(3)CA Public Utilities Code § 9513(b)(3) The owner of the attachment does not contest that the attachment was made without authorization.
(c)CA Public Utilities Code § 9513(c) An attachment of a service drop wire is not made without authorization for the purposes of this section, if the owner of the attachment seeks approval to attach pursuant to this part within 45 days of the attachment.
unauthorized attachment local publicly owned electric utility one-time charge annual fee attachment removal approval to attach service drop wire attachment without authorization three-year fee utility property unauthorized use fee attachment discovery attachment approval attachment contesting service drop wire exception
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9514

Explanation

This law allows local publicly owned electric utilities to charge a one-time fee for processing requests to attach equipment to their infrastructure, as long as the fee only covers the actual processing costs and does not exceed them.

Nothing in this part shall be construed to prohibit a local publicly owned electric utility from requiring a one-time fee to process a request for attachment, if the one-time fee does not exceed the actual cost of processing the request.
local utility fees electric utility charges one-time fee processing requests attachment fee actual cost utility infrastructure publicly owned utility equipment attachment fee limitations cost recovery utility request processing
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9515

Explanation

If a local publicly owned electric utility needs to use space on a pole or structure already used by a communications provider, the provider must either cover the costs to rearrange things or remove their equipment at their own cost.

If the communications provider wants to rearrange the setup, the electric utility can charge them a one-time fee to cover the actual rearrangement costs, as long as they have the authority to do so.

(a)CA Public Utilities Code § 9515(a) In the event that it becomes necessary for the local publicly owned electric utility to use space or capacity on or in a support structure occupied by the communications service provider’s equipment, the communications service provider shall either pay all costs for rearrangements necessary to maintain the pole attachment or remove its equipment at its own expense.
(b)CA Public Utilities Code § 9515(b) If the communications service provider requests a rearrangement of the utility pole or support structure, and the local publicly owned electric utility has the authority to levy fees as described in Section 9511.5, the local publicly owned electric utility may charge a one-time reimbursement fee for the actual costs incurred for the rearrangement.
local publicly owned electric utility communications service provider support structure pole attachment rearrangement costs equipment removal reimbursement fee utility pole Section 9511.5 costs incurred fee authority one-time fee utility space use equipment rearrangement public utility charges
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9516

Explanation

This section outlines the process a local publicly owned electric utility (POEU) in California must follow before it can adopt or increase fees or change access terms for communication service providers using utility poles and structures. They must hold an open public meeting, with proper notice given at least 14 days in advance, and make relevant cost data available to the public 10 days before the meeting. The decision to adopt or change fees or terms must be made by the utility's governing body through an ordinance or resolution and cannot be delegated. This decision must be finalized at a second public meeting held at least 30 days after the first meeting, and changes cannot take effect until at least 60 days after this final decision. The section does not apply to contract extensions if the terms remain unchanged.

(a)Copy CA Public Utilities Code § 9516(a)
(1)Copy CA Public Utilities Code § 9516(a)(1) Before adopting, or increasing, a fee described in this part, or adopting or changing the terms and conditions of access subject to this part, the local publicly owned electric utility shall hold at least one open and public meeting as part of a regularly scheduled meeting, at which time oral or written presentations relating to the fee or term or condition of access may be made.
(2)CA Public Utilities Code § 9516(a)(2) At least 14 days before the meeting described in paragraph (1), the local publicly owned electric utility shall mail notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by paragraph (3) is available, to a person or entity who files a written request with the local publicly owned electric utility for mailed notice of the meeting.
(3)CA Public Utilities Code § 9516(a)(3) At least 10 days before the meeting described in paragraph (1), the local publicly owned electric utility shall make available to the public data indicating the cost, or estimated cost, to make utility poles and support structures available for use by a communications service provider, if adopting or increasing a fee, and shall make available data and rationale for adopting or changing the terms and conditions of access, if adopting or changing the terms and conditions of access.
(b)Copy CA Public Utilities Code § 9516(b)
(1)Copy CA Public Utilities Code § 9516(b)(1) An action by a local publicly owned electric utility to adopt, or increase, a fee described in this part, or adopt or change the terms and conditions of access subject to this part, shall be taken solely by an ordinance or resolution adopted, or by a contract approved, by the governing body of the local publicly owned electric utility. The governing body of the local publicly owned electric utility shall not delegate the authority to adopt or increase the fee or term or condition of access to another entity or board or an official or employee of the board. This subdivision does not restrict a city council’s existing authority over a governing body appointed by the city council. The governing body of the local publicly owned electric utility shall ensure that the customers of the local publicly owned electric utility and the customers of the communications service provider are not subsidized by the rates, terms, and conditions proposed for access pursuant to this part.
(2)CA Public Utilities Code § 9516(b)(2) The governing body of the local publicly owned electric utility shall approve the ordinance or resolution or contract to adopt or increase the fee, or adopt or change the terms and conditions of access subject to this part, at a subsequent open and public meeting as part of a regularly scheduled meeting, no earlier than 30 days after the initial public meeting described in subdivision (a).
(3)CA Public Utilities Code § 9516(b)(3) An action adopting a fee or increasing a fee, or adopting or changing the terms and conditions of access subject to this part, pursuant to this section shall be effective no sooner than 60 days following the final action on the adoption of the fee or fee increase or adoption or change in the terms and conditions of access.
(c)CA Public Utilities Code § 9516(c) This section does not apply to a contract extension agreed to by all of the parties to the contract, if the terms, conditions, or rates described in the contract are not changed.
publicly owned electric utility fee adoption fee increase terms and conditions of access public meeting notice requirement utility poles communication service provider cost data availability governing body decision ordinance or resolution approval contract extension exclusion rate subsidy meeting notice period final decision timing
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9517

Explanation

If you disagree with a change in fees or access terms related to local publicly owned electric utilities, you have 30 days to file a written protest. This should explain why you are disputing it and the legal reasoning behind your protest.

Filing a protest doesn't stop the utility from approving the use of poles or structures.

(a)CA Public Utilities Code § 9517(a) Any person or entity may protest the adoption or imposition of, or increase of, a fee described in this part, or adoption or change in the terms and conditions of access subject to this part, by serving written notice to the governing body of the local publicly owned electric utility within 30 days of the action taken. The written notice shall contain a statement informing the governing body of the factual elements of the dispute and the legal theory forming the basis for the protest.
(b)CA Public Utilities Code § 9517(b) The filing of protest pursuant to subdivision (a) shall not be a basis for the local publicly owned electric utility to withhold approval of the use of a utility pole or support structure.
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(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9518

Explanation

This law section explains when and how someone can legally challenge a decision involving fees or terms related to utility poles or support structures. You have 120 days to start such a challenge after the decision takes effect. If you're a utility company or someone affected by the fee, you must follow specific rules before going to court. First, you must be directly impacted or be part of a trade group representing those impacted. Secondly, you need to ask the utility company for documents proving the fee is fair, giving them 30 days to respond. These documents should show the fee is only covering necessary costs. You may have to pay for these copies. Any legal action has to happen in a suitable court.

(a)CA Public Utilities Code § 9518(a) A judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, motion, or contract adopting, or increasing, a fee described in this part, or adopting or changing the terms and conditions of access subject to this part, or an automatic adjustment that results in an increase in the amount of a fee described in this part, shall be commenced within 120 days of the effective date of the ordinance, resolution, motion, contract, or automatic adjustment.
(b)CA Public Utilities Code § 9518(b) An action by a local publicly owned electric utility or interested person shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(c)CA Public Utilities Code § 9518(c) A person or entity shall not initiate an action or proceeding pursuant to subdivision (a) unless both of the following requirements are met:
(1)CA Public Utilities Code § 9518(c)(1) The fee or requirement will be directly imposed on the person or entity as a condition for the use of a utility pole or support structure, or the entity is a trade association that represents that person or entity.
(2)CA Public Utilities Code § 9518(c)(2) At least 30 days before initiating the action or proceeding, the person or entity, or trade association representing that person or entity, requests the local publicly owned electric utility to provide a copy of documents that purport to establish that the fee does not exceed the amount reasonably necessary to cover the cost of the use of the utility pole or support structure, consistent with this part, or that the term and conditions of access or change to the terms and conditions of access are reasonable. The local publicly owned electric utility may charge a fee for the direct costs of copying the documents requested pursuant to this paragraph.
(d)CA Public Utilities Code § 9518(d) An action to enforce this part shall be brought in a court of competent jurisdiction.
utility poles fee challenges access terms legal action timeframe local publicly owned utilities trade associations document requests directly imposed fees copying costs court jurisdiction utility fee increases support structures reasonable costs verification judicial review process public utilities code
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9519

Explanation

This law allows individuals, entities, or trade associations to request an audit if they believe the fees charged by a utility for using its poles or structures are too high. The requester must hire an independent auditor and pay for the audit, unless there has been an audit for the same fee in the past year. However, they can only request an audit if the fees are directly charged to them or their association members. If the audit finds the fees to be unreasonable, the local electric utility must correct them.

(a)CA Public Utilities Code § 9519(a) A person or entity, or trade association representing that person or entity, may request an audit in order to determine whether a fee described in this part exceeds the amount reasonably necessary to cover the costs to the utility of the use of a utility pole or support structure, consistent with this part. A person or entity making that request shall retain an independent auditor to conduct an audit to determine whether the fee is reasonable, unless an audit has been performed for the same fee within the previous 12 months. The individual or entity requesting the audit shall pay for the direct costs associated with an audit made pursuant to this subdivision.
(b)CA Public Utilities Code § 9519(b) A person or entity, or trade association representing a person or entity, shall not request an audit unless the fee is directly imposed on the person or entity, or on a member of the trade association, as a condition for the use of the utility pole or support structure.
(c)CA Public Utilities Code § 9519(c) To the extent that the audit determines that the amount of the fee does not meet the requirements of this part, the local publicly owned electric utility shall adjust the fee accordingly.
utility pole fees support structure costs independent audit fee reasonableness trade association request auditing costs local publicly owned electric utility fees adjustment direct fee imposition utility fee audit process
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)

Section § 9520

Explanation

This law states that local publicly owned electric utilities can decide who does the work on their facilities. Also, if a communications service provider wants to use a utility pole or support structure, they must follow certain Public Utilities Commission rules, specifically General Orders 95 and 128, along with any other relevant laws.

(a)CA Public Utilities Code § 9520(a) Nothing in this part alters the ability of a local publicly owned electric utility to determine who performs work for the local publicly owned electric utility on its facilities.
(b)CA Public Utilities Code § 9520(b) The use of a utility pole or support structure by a communications service provider shall comply with Public Utilities Commission General Orders 95 and 128 and all other applicable provisions of law.
local publicly owned electric utility utility pole use support structure communications service provider Public Utilities Commission General Orders General Order 95 General Order 128 compliance facility work determination electric utility rights applicable provisions of law utility infrastructure local utility control communication services infrastructure regulatory compliance
(Added by Stats. 2011, Ch. 580, Sec. 2. (AB 1027) Effective January 1, 2012.)