Page:United States Statutes at Large Volume 92 Part 1.djvu/90

 92 STAT. 36

State regulation, certification.

Just and reasonable rates.

"Usable space."

Expiration date.

Effective date. 47 USC 152 note. Ante, p. 35.

PUBLIC LAW 95-234—FEB. 21, 1978 "(c)(1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions 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 cable television services, as well as the interests of the consumers of the utility services. "(d)(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. "(e) Upon the expiration of the 5-year period that begins on the date of enactment of this Act the provisions of subsection (d) of this section shall cease to have a,ny effect.". SEC. 7. The amendments made by this Act shall take effect on the thirtieth day after the date of enactment of this Act; except that the provisions of sections 503(b) and 510 of the Communications Act of 1934, as in effect on such date of enactment, shall continue to constitute the applicable law with the respect to any act or omission which occurs prior to such thirtieth day. Approved February 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-721 and 95-721, pt. 2 (Coram, on Interstate and Foreign Commerce). SENATE REPORT No. 95-580 accompanying S. 1547 (Coram, on Coramerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 25, considered and passed House. ' Vol. 124 (1978): Jan. 31, considered and passed Senate, amended, in lieu of S. 1547. Feb. 1, House concurred in Senate amendment, with amendments. Feb. 6, Senate disagreed to House amendments Nos. 1, 2, and 3; concurred in amendment No. 4, with an amendment. House receded from amendments Nos. 1, 2, and 3; concurred in Senate araendraent of No. 4.

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