N.J. Admin. Code § 14:18-2.9 - Calculation of pole attachment rent
(a) In
cases where the Board must determine the appropriate rental rate for cable
television or similar third party attachments on utility poles, it shall be
calculated in the following manner:
1. Total
percentage of gross plant as annual cost shall be the sum of the following
percentages:
i. Rate of return;
ii. Depreciation expense;
iii. Miscellaneous taxes;
iv. Maintenance expenses;
v. Administrative expenses;
vi. Federal income tax.
(b) Weighted average original
installed per pole cost may be used in (a)2 above, upon mutual agreement of the
cable television company or other third party attacher and the utility;
however, should the parties be unable to agree on weighted or unweighted costs,
the Board shall employ the unweighted average original installed per pole
cost.
(c) The quotient of total
common space on the pole divided by the number of parties on the pole may be
used to set the footage of common space allocated to cable television or other
third party attacher upon mutual agreement of the cable television company or
other third party attacher and the utility; however, should the parties be
unable to agree to allocate common space equally, the Board shall employ the
formula set forth in (a)6 above.
(d) Any terms not defined by (a) above shall
be interpreted in a manner consistent with established Board policies and
orders.
(e) The Board shall from
time to time, designate those utility account numbers which are appropriate
sources of data.
Notes
See: 17 N.J.R. 1589(b).
Readopted New Rule, R.1985 d.425, effective
See: 17 N.J.R. 1589(b), 17 N.J.R. 2047(b).
Amended subsections (c) and (e).
Amended by R.2000 d.155, effective
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
Inserted references to third party attachers throughout.
Amended by R.2003 d.452, effective
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).
In (a), inserted "or similar third party" following "television" in the introductory paragraph and inserted "space" following "Total common" in 6.
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