§  1.1416   Imputation of rates; modification costs.

   (a) A utility that engages in the provision of telecommunications
   services or cable services shall impute to its costs of providing such
   services (and charge any affiliate, subsidiary, or associate company
   engaged in the provision of such services) an equal amount to the pole
   attachment rate for which such company would be liable under this
   section.

   (b) The costs of modifying a facility shall be borne by all parties
   that obtain access to the facility as a result of the modification and
   by all parties that directly benefit from the modification. Each party
   described in the preceding sentence shall share proportionately in the
   cost of the modification. A party with a preexisting attachment to the
   modified facility shall be deemed to directly benefit from a
   modification if, after receiving notification of such modification as
   provided in subpart J of this part, it adds to or modifies its
   attachment. Notwithstanding the foregoing, a party with a preexisting
   attachment to a pole, conduit, duct or right-of-way shall not be
   required to bear any of the costs of rearranging or replacing its
   attachment if such rearrangement or replacement is necessitated solely
   as a result of an additional attachment or the modification of an
   existing attachment sought by another party. If a party makes an
   attachment to the facility after the completion of the modification,
   such party shall share proportionately in the cost of the modification
   if such modification rendered possible the added attachment.

   [ 61 FR 43025 , Aug. 20, 1996;  61 FR 45619 , Aug. 29, 1996]