(a)
Definitions:
"Low Density Area," as used in this section, means any single,
contiguous area where construction without contribution in aid of construction
would not be required by tariffs, other regulations or orders of the
Department, or by franchise agreements.
(b)
Waiver Requirement:
A franchise holder may apply to the Department for a waiver of
the requirement to install underground CATV cable at the same time and place as
electric and telephone utilities, within its franchise territory, if:
(1) The proposed construction is in a "low
density area," and;
(2) The
owner(s) or developer of the property for which such CATV lines are to be
installed has refused to prepay for said construction pursuant to applicable
contribution in aid of construction requirements.
(c)
Procedures:
(1) A franchise holder shall file such
request for waiver with the Department and the appropriate electric and
telephone utilities within fourteen (14) days from receipt of formal written
notice from the lead utility coordinating the construction project.
(2) The request for waiver shall be deemed
granted if notice to the contrary has not been issued by the Department within
thirty (30) days following receipt of said request.
(3) All affected utilities shall desist from
activities which would preclude contemporaneous underground installation of
facilities by all parties concerned, until the Department has ruled on the
request for waiver, or the thirty (30) days for Department action has
elapsed.
(d)
Standard for Granting Waiver:
Based on the items contained in subsection (e) of section
16-333b-1, the Authority will
exercise sound engineering and economic judgment in determining whether a
waiver shall issue.
(e)
Components of Request for Waiver:
A request for waiver, filed pursuant to subsection (b) of
section 16-333b-1, shall include the
following:
(1) A statement of the
location of the construction and a detailed description of the project,
including maps.
(2) Names,
affiliation, and addresses of contact persons from the telephone and/or
electric utility companies involved in the joint construction.
(3) The number of dwelling units, existing
and planned, to be passed by the joint construction.
(4) The number of dwelling units that would
be passed by any additional plant that would have to be built in order to
energize the joint construction proposed.
(5) The CATV Company's estimated share of the
cost of joint construction.
(6) If
the request for waiver is for the purpose of deferring contemporaneous
installation, a statement accompanied by data to indicate the estimated cost of
deferred or alternate installation.
(7) All other data upon which the CATV
Company wishes the Department to rely when considering request for
waiver.
(8) Any other additional
information that the Department deems necessary to make an informed
decision.
