1. (a) In determining just and reasonable rates for the pole attachments of cable television service providers, wireless service providers, and excepted local exchange carriers that are not incumbent local exchange carriers to poles owned by electric utilities or incumbent local exchange carriers under this chapter, the commission shall consider:

   1. (1) Relevant federal, state, or local laws, rules, and decisions;
   2. (2) The impact on competitive alternatives;
   3. (3) The potential impact on the pole owner and its customers;
   4. (4) The potential impact on the deployment of broadband services;
   5. (5) The formulae adopted by the FCC in 47 C.F.R. §1.1406(d) in effect on October 1, 2022; and
   6. (6) Any other interests of the subscribers and users of the services offered via such attachments or consumers of any pole owner providing such attachments, as may be raised.

2. (b) In determining just and reasonable rates for all other pole attachments under this chapter, the commission shall consider:

   1. (1) Relevant federal, state, or local laws, rules, and decisions;
   2. (2) The impact on competitive alternatives;
   3. (3) The potential impact on the pole owner and its customers;
   4. (4) The potential impact on the deployment of broadband services; and
   5. (5) Any other interests of the subscribers and users of the services offered via such attachments or consumers of any pole owner providing such attachments, as may be raised.

Source. #9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #9614, eff 12-12-09; ss by #12574, eff 9-1-18; ss by #13498, eff 12-1-22 (formerly Puc 1304.06)(See Revision Note at chapter heading for Puc 1300)