§ 1.1409   Allocation of Unusable Space Costs.

   (a) With respect to the formula referenced in § 1.1406(d)(2), a utility
   shall apportion the cost of providing unusable space on a pole so that
   such apportionment equals two-thirds of the costs of providing unusable
   space that would be allocated to such entity under an equal
   apportionment of such costs among all attaching entities.

   (b) All attaching entities attached to the pole shall be counted for
   purposes of apportioning the cost of unusable space.

   (c) Utilities may use the following rebuttable presumptive averages
   when calculating the number of attaching entities with respect to the
   formula referenced in § 1.1406(d)(2). For non-urbanized service areas
   (under 50,000 population), a presumptive average number of attaching
   entities of three. For urbanized service areas (50,000 or higher
   population), a presumptive average number of attaching entities of
   five. If any part of the utility's service area within the state has a
   designation of urbanized (50,000 or higher population) by the Bureau of
   Census, United States Department of Commerce, then all of that service
   area shall be designated as urbanized for purposes of determining the
   presumptive average number of attaching entities.

   (d) A utility may establish its own presumptive average number of
   attaching entities for its urbanized and non-urbanized service area as
   follows:

   (1) Each utility shall, upon request, provide all attaching entities
   and all entities seeking access the methodology and information upon
   which the utilities presumptive average number of attachers is based.

   (2) Each utility is required to exercise good faith in establishing and
   updating its presumptive average number of attachers.

   (3) The presumptive average number of attachers may be challenged by an
   attaching entity by submitting information demonstrating why the
   utility's presumptive average is incorrect. The attaching entity should
   also submit what it believes should be the presumptive average and the
   methodology used. Where a complete inspection is impractical, a
   statistically sound survey may be submitted.

   (4) Upon successful challenge of the existing presumptive average
   number of attachers, the resulting data determined shall be used by the
   utility as the presumptive number of attachers within the rate formula.

   [ 63 FR 12026 , Mar. 12, 1998, as amended at  66 FR 34581 , June 29, 2001.
   Redesignated and amended at  83 FR 44841 , Sept. 4, 2018]

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